XP@
23rd May 2005, 12:56
This is from a post in the Fast And Safe mail list, may be interesting, if you have need...
http://www.fastandsafe.org
Modified/simplified description of a speed camera defence - all comments welcome.
Suggested defence to speed cameras, it may require modification if the photograph actually identifies the driver.
1. Get the photograph - write to Freepost 3979, PO Box 6641, Wellington.
State all the details as requested on the form and write one further
sentence only:
"A photograph is requested to assist in identifying the driver."
2. A few days before the 28 days and 28 days allowed by the notice plus
reminder, (using a signed for delivery service, evidence of this being sent
must be retained) write again to the Freepost address - again with all the
details as the form requests plus the following..... "2. You should write to
the enforcement authority if you wish to do any of the following things: (a)
Raise a matter concerning the circumstances of the offence for consideration
by the enforcement authority;" The photographic evidence is inconclusive,
accordingly the allegation is denied.
3. One of three things will now happen:
(a) the case will be dropped
(b)a notice of fine will be sent. In this case a Form 57 must be filled
in and lodged with the court (big pad of forms behind the counter!) just
before the payment date for the notice of fine. Tick the box for 3, Other
Irregularity. Write in the space provided "Courtesy reminder, photographic
evidence inconclusive, the allegation is denied". If this is rejected fill
another one in, writing " courtesy final reminder, photographic evidence
inconclusive, the allegation is denied". If this is rejected ask the court
what the hell you are supposed to do, fill it all in again and write in the
space " see attached sheets... and attach copies of the all the
correspondence sent (including two previous Form 57s) plus the proof of
delivery of the 'allegation denied' letter. It should do the trick.
(c)notified of hearing date. AFAIK this must be within six months of the
date of offence. This will be the most interesting one - I cannot work out
how the prosecution can make anything stick with no evidence, as the
registered owner of the vehicle does not have to answer any questions until
they have been read their rights - the one about not having to say anything
but if you do it may be used in evidence against you. Reply to all questions
with a request for you to be informed of the rights, then exercise them! In
court state there is no case to answer. Possibly it will all get thrown out
at a pre trial interview, I don't know enough about the courts system here.
If there is ever an actual trial there will be a huge amount of paperwork to
request which must be delivered to you within seven days of a trial, plenty
of opportunities for the prosecution to make a cock up.
I'm helping a local person out with an alleged offence dated 08/04/05 and
infringement notice dated 23/04/05 so it will be some time before anything
much happens. My own case allegedly happened on 30/10/03 - the due date of
the Final Notice of Fine was 2/02/04, I have just requested 'full
disclosure' to see exactly why it wasn't pursued, I filled in a Form 57 on
29/01/04
John Kipping
http://www.fastandsafe.org
Modified/simplified description of a speed camera defence - all comments welcome.
Suggested defence to speed cameras, it may require modification if the photograph actually identifies the driver.
1. Get the photograph - write to Freepost 3979, PO Box 6641, Wellington.
State all the details as requested on the form and write one further
sentence only:
"A photograph is requested to assist in identifying the driver."
2. A few days before the 28 days and 28 days allowed by the notice plus
reminder, (using a signed for delivery service, evidence of this being sent
must be retained) write again to the Freepost address - again with all the
details as the form requests plus the following..... "2. You should write to
the enforcement authority if you wish to do any of the following things: (a)
Raise a matter concerning the circumstances of the offence for consideration
by the enforcement authority;" The photographic evidence is inconclusive,
accordingly the allegation is denied.
3. One of three things will now happen:
(a) the case will be dropped
(b)a notice of fine will be sent. In this case a Form 57 must be filled
in and lodged with the court (big pad of forms behind the counter!) just
before the payment date for the notice of fine. Tick the box for 3, Other
Irregularity. Write in the space provided "Courtesy reminder, photographic
evidence inconclusive, the allegation is denied". If this is rejected fill
another one in, writing " courtesy final reminder, photographic evidence
inconclusive, the allegation is denied". If this is rejected ask the court
what the hell you are supposed to do, fill it all in again and write in the
space " see attached sheets... and attach copies of the all the
correspondence sent (including two previous Form 57s) plus the proof of
delivery of the 'allegation denied' letter. It should do the trick.
(c)notified of hearing date. AFAIK this must be within six months of the
date of offence. This will be the most interesting one - I cannot work out
how the prosecution can make anything stick with no evidence, as the
registered owner of the vehicle does not have to answer any questions until
they have been read their rights - the one about not having to say anything
but if you do it may be used in evidence against you. Reply to all questions
with a request for you to be informed of the rights, then exercise them! In
court state there is no case to answer. Possibly it will all get thrown out
at a pre trial interview, I don't know enough about the courts system here.
If there is ever an actual trial there will be a huge amount of paperwork to
request which must be delivered to you within seven days of a trial, plenty
of opportunities for the prosecution to make a cock up.
I'm helping a local person out with an alleged offence dated 08/04/05 and
infringement notice dated 23/04/05 so it will be some time before anything
much happens. My own case allegedly happened on 30/10/03 - the due date of
the Final Notice of Fine was 2/02/04, I have just requested 'full
disclosure' to see exactly why it wasn't pursued, I filled in a Form 57 on
29/01/04
John Kipping