I've just had a "Notice of intention to prosecute" for a traffic offence.
50mph in a 40mph near Burnshot flyover.
It states there's photo evidence to back up this claim. So I called Loth. Borders Police to obtain a copy, only to be told they can't send this to me due to the data protection act.
However I can obtain a copy if I admit to the offence - but then it will be too late!!
My point was I can't recall who was driving at the given time, so they should either prove it was me, or allow me to see the image so I can clarify.
has anyone been in this position before?
I also have a Hibs number plate could this be Yam police in action?
Results 1 to 22 of 22
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09-06-2011 12:24 PM #1
NHC Traffic Offence advice / anti Hibs number plate?
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09-06-2011 12:27 PM #2
Won't the photo be from behind so won't help with sorting out who was driving?
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09-06-2011 12:28 PM #3This quote is hidden because you are ignoring this member. Show Quote
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09-06-2011 12:42 PM #4This quote is hidden because you are ignoring this member. Show Quote
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09-06-2011 12:45 PM #5
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If you genuinely don't believe it was you then contest it. If you think there is a chance it was you then pay up.
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09-06-2011 12:47 PM #6This quote is hidden because you are ignoring this member. Show Quote
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09-06-2011 12:47 PM #7This quote is hidden because you are ignoring this member. Show Quote
Not a Data protection expert but that bit doesnt sound right to me. They cant give it to you due to Data Protection but can if you plead guilty
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09-06-2011 12:48 PM #8This quote is hidden because you are ignoring this member. Show Quote
A valid point - but still doesn't make for a fair system whereby I have to admit offence and take the hit to see the photo of the driver (what if it wasn't me driving). I then would have to take this to court with a risk of a further 6pts and £1000 fine!
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09-06-2011 12:48 PM #9
You can go and view the image yourself think the place is at sighthill? possibly wrong but you can definitly view the image. they cant send you it because of data protection but if you take ID with you to their HQ you can view it.
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09-06-2011 12:52 PM #10
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Found this very useful thingy on t’internet, the sample letters also note that “You are not legally entitled to view evidence of a speeding charge in order to decide whether or not to accept the Conditional Offer of a Fixed Penalty.”
Unknown driver caught speeding
I have received a Notice of Intended Prosecution but I can't remember who was driving at the time of the speeding offence. What can I do?
You should know who is driving your car at all times
The law says that a vehicle’s keeper should know who is driving at all times and not naming the driver is a separate offence, which can attract a greater penalty than the speeding.
You should do all you can to find out the name of the driver, for example, by checking bank statements, phone bills and receipts to try to place the possible drivers at the time of the speeding offence.
Many police forces also let motorists view images from speed cameras in an attempt to find out who the driver was – the sample letters page has a letter you can use to ask for this.
If, after investigating, you still don't know who was driving, you may have a case if you can show that you are not deliberately or negligently withholding the information.
Some police forces allow drivers to write informally to the Central Ticket Office with a full detailed account of why they can't give the information and what they have done to try to find out.
If yours doesn't, or your informal appeal is rejected, in most cases you will need to attend a court hearing where you would have to satisfy the magistrate that you have acted with ‘reasonable diligence’ to find out who the driver was at the time of the speeding offence.Space to let
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09-06-2011 12:52 PM #11
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Have been done there myself. You can usually view the photo by going out to some dump in sighthill, seems strange they are saying you are not allowed to see it. Perhaps you just tell them about the Freedom of Information Act - and on this basis ask them to provide you with a copy of the photo.
Failing that figure out who has the least points out of all of the people insured on your car and tell them they are taking the hit!
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09-06-2011 12:53 PM #12This quote is hidden because you are ignoring this member. Show Quote
So they can view this picture of "me" but I can't due to the Data Protection Act?
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09-06-2011 12:54 PM #13This quote is hidden because you are ignoring this member. Show Quote
That cheered me up!
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09-06-2011 01:40 PM #14This quote is hidden because you are ignoring this member. Show Quote
What they can't (or shouldn't) do is go home and tell their missus; oh by the way, so and so got done for speeding last weekend as that contravene's the DPA.Someone once told me that hard work wouldn't kill me.
I thought: "Hell, why take the chance"!
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09-06-2011 02:13 PM #16This quote is hidden because you are ignoring this member. Show Quote
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09-06-2011 02:36 PM #17This quote is hidden because you are ignoring this member. Show Quote
What was it NWA said about the police - they are spot on
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09-06-2011 07:39 PM #18
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This quote is hidden because you are ignoring this member. Show Quote
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09-06-2011 09:05 PM #19This quote is hidden because you are ignoring this member. Show Quote
They can however show him the photo to verify if he is the man in the photo.
This also explains why he can have it if he pleads guilty, i.e. he is accepting that it is a photo of him therefore he is entitled to have the photo.
May be incorrect but that is my slightly educated guess based on what I remember from studying Data Protection at school/uni.
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09-06-2011 09:38 PM #20
Yip deano88 is spot on, DPA is there so you cant see anyone elses details or pictures, if it isnt you then they will have broken the law by posting it to you as you could then send the photo to anyone you wish
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12-06-2011 03:10 PM #21This quote is hidden because you are ignoring this member. Show Quote
This does make sense, but why did my request (about a year ago) when in the same situation result in the photo being sent to me?
This photo was also from the front?
Corrupt police I say
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12-06-2011 09:53 PM #22
No idea why you were sent the picture, if that had been me i would probably have been found out and sacked
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