Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: drcarrera on June 15, 2024, 01:11:31 pm
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Thanks for resurrecting an old thread to tell us.
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Hi
Have received a NIP for apparently doing 80 on the M4 in Devon last week.
The D&C police portal has 3 "EROS images" taken of the car. However, only one is labelled and shows the speed but the labelling says "Rear Plate". Does this refer to the car numberplate or the location in the van the camera was mounted?
If the former, it's incorrect. If the latter then I guess it's a fair cop!
Why does the offence image state 'Manual Rear Plate'. the image is the front of the vehicle?
The ‘MANUAL : REAR PLATE’ wording on the offence image indicates the speedmeter has been set by the operator to the mode most suitable to capture motorcycles and other vehicles. It is the preferred operating mode for the LaserTech Trucam2 operators as when operating in this mode it allows the device to continue recording after the speed has been measured for as long as the trigger remains depressed. In this way if a motorcycle is detected approaching the operator, they can follow the motorcycle as it passes them and capture the number plate at the rear, as motorcycles have no front number plate.
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Sounds like they didn't change the labelling from the previous session, but legally it's a nullity, the NIP is (presumably) valid and all that matters.
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At this point, you're only being asked to name who was driving the vehicle at the time.
EROS is the system used to produce NIPs - the chances are they have the correct image and have simply used a different frame. Was this a static camera or a mobile camera van? However, the chances are some overworked Police Staff member has simply selected the wrong drop-down box on the software.
The pictures on the NIP have no relevant however, as they are just to identify the vehicle involved rather than being the "evidential copies" relied on further down the line.
I know we're just at the identity stage but that's not relevant.
The pictures aren't on the NIP though, they're the ones provided by D&C on their portal but I guess they may have just selected some rather than them being evidential. I assumed the included text was generated automatically by the camera system and as such the settings would have a bearing on its operation. But perhaps not. It was a mobile camera van which is why I wondered if the "plate" reference referred to the location of the camera mounting, not the number plate.
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What's on the letter is irrelevant, and minor errors can be corrected at court.
How does one correct an error in a letter at court?
Because the live witness can explain and correct the error, surely? Especially if it's something like an incorrect photo at this stage, which isn't even required?
Only if the witness was the author of the letter or can otherwise give direct evidence as to its contents. However, where the error is patent, it doesn’t really require correction.
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What's on the letter is irrelevant, and minor errors can be corrected at court.
How does one correct an error in a letter at court?
Because the live witness can explain and correct the error, surely? Especially if it's something like an incorrect photo at this stage, which isn't even required?
I also doubt you got a NIP from Devon and Cornwall police for driving on the M4!
Sorry, typo! Meant M5, of course.
Thing is, as it's the actual speed photo that contains the error, if "rear plate" does refer to the numberplate then the speed may be incorrect - i.e. it may be measuring the speed of a car travelling on the other carriageway in the other direction. So it's more fundamental than just something like a typo in a letter.
At this point, you're only being asked to name who was driving the vehicle at the time.
EROS is the system used to produce NIPs - the chances are they have the correct image and have simply used a different frame. Was this a static camera or a mobile camera van? However, the chances are some overworked Police Staff member has simply selected the wrong drop-down box on the software.
The pictures on the NIP have no relevant however, as they are just to identify the vehicle involved rather than being the "evidential copies" relied on further down the line.
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I also doubt you got a NIP from Devon and Cornwall police for driving on the M4!
Sorry, typo! Meant M5, of course.
Thing is, as it's the actual speed photo that contains the error, if "rear plate" does refer to the numberplate then the speed may be incorrect - i.e. it may be measuring the speed of a car travelling on the other carriageway in the other direction. So it's more fundamental than just something like a typo in a letter.
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What's on the letter is irrelevant, and minor errors can be corrected at court.
How does one correct an error in a letter at court?
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To be perfectly honest, it doesn't make a blind bit of difference here. What's on the letter is irrelevant, and minor errors can be corrected at court.
I also doubt you got a NIP from Devon and Cornwall police for driving on the M4!
Regardless of any errors on the letter, you are obliged to name the driver
For that speed, you'll be offered a course if you haven't done one in the last 3 years, or a CoFP for 3 points and £100
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Hi
Have received a NIP for apparently doing 80 on the M4 in Devon last week.
The D&C police portal has 3 "EROS images" taken of the car. However, only one is labelled and shows the speed but the labelling says "Rear Plate". Does this refer to the car numberplate or the location in the van the camera was mounted?
If the former, it's incorrect. If the latter then I guess it's a fair cop!