NHC Traffic Offence advice / anti Hibs number plate?

[RoxburghHibs]

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?

[Beefster]

Won't the photo be from behind so won't help with sorting out who was driving?

[RoxburghHibs]

This quote is hidden because you are ignoring this member. Show Quote

Won't the photo be from behind so won't help with sorting out who was driving?

No they told me it was a front view taken from a mobile van.

[itchy07]

This quote is hidden because you are ignoring this member. Show Quote

I also have a Hibs number plate could this be Yam police in action?

Or it could just be you were speeding? Dunno, just a suggestion.

[GreenPJ]

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.

[Peevemor]

This quote is hidden because you are ignoring this member. Show Quote

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?

... because you were too blootered?

[JimBHibees]

This quote is hidden because you are ignoring this member. Show Quote

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?

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

[RoxburghHibs]

This quote is hidden because you are ignoring this member. Show Quote

Or it could just be you were speeding? Dunno, just a suggestion.

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!

[MussiHibee]

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.

[Jack]

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.

[Albion Hibs]

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!

[RoxburghHibs]

This 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

Agreed. I thought the DPA was to protect people like me! To make matters worse when I called the police they passed the photo arround and said that is wasn't 100% clear if it's a man or woman driving but they all agreed it was a man.

So they can view this picture of "me" but I can't due to the Data Protection Act?

[RoxburghHibs]

This quote is hidden because you are ignoring this member. Show Quote

... because you were too blootered?

LOL

That cheered me up!

[derekHFC]

This quote is hidden because you are ignoring this member. Show Quote

Agreed. I thought the DPA was to protect people like me! To make matters worse when I called the police they passed the photo arround and said that is wasn't 100% clear if it's a man or woman driving but they all agreed it was a man.

So they can view this picture of "me" but I can't due to the Data Protection Act?

As an employee of the Police, they are bound by The Data Protection Act and can view the said photo and discuss same with others in the company/force.

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.

[SkintHibby]

Roxburgh, do you have a huge Afro?

[Beefster]

This quote is hidden because you are ignoring this member. Show Quote

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!

Which, of course, would be highly illegal and lead to a possible custodial sentence for the offenders, if caught.

[RoxburghHibs]

This quote is hidden because you are ignoring this member. Show Quote

Which, of course, would be highly illegal and lead to a possible custodial sentence for the offenders, if caught.

Agreed that would be wrong so not an option. In fact I'd say it's as wrong as saying "You can contest this but if you fail we might ban you and fine you £1000" - scare tactics!

What was it NWA said about the police - they are spot on

[ArabHibee]

This quote is hidden because you are ignoring this member. Show Quote

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.

Correct. They won't send it out in the post to you (no idea why) but you can go and view it. If its a photo from the front, then I'm pretty sure you'll know who it was driving. You can, of course, ignore the notice and take your chances that they won't take it any further. Up to you.

[Speedy]

This quote is hidden because you are ignoring this member. Show Quote

Correct. They won't send it out in the post to you (no idea why) but you can go and view it. If its a photo from the front, then I'm pretty sure you'll know who it was driving. You can, of course, ignore the notice and take your chances that they won't take it any further. Up to you.

They can't send the photo (under Data Protection laws) because the photo may not be him and it would be classed as misuse of the photo(or some similar wording) because they are distributing it which would result in it being held for longer than necessary and not for a fit purpose.

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.

[Allant1981]

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

[RoxburghHibs]

This quote is hidden because you are ignoring this member. Show Quote

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

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

[Allant1981]

No idea why you were sent the picture, if that had been me i would probably have been found out and sacked