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Messages - francisgran

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1
Speeding and other criminal offences / NIP for 25mph in a 20mph
« on: December 11, 2024, 04:30:25 pm »
Hello All

I received a NIP for driving 25 in a 20 zone but really surprised in myself that I somehow went this fast.
I have seen the evidence and documentation relating to this offence and wondered if the faded markings are a reasonable grounds to appeal?

Please see image below;

https://i.postimg.cc/4yPBRJW5/Untitled.jpg

https://i.postimg.cc/K8RQChBP/Calibration-Certificate.png

Regards
Francis

2

So this is one for the books. The date and time was completely wrong on the PCN.

Had a notice of acceptance of representations through.

Thanks to all for advice.




https://i.postimg.cc/KYCwdYy6/IMG-8163.jpg

3
I know Romford well and correct me if I'm wrong but I believe you drove through the bus only rank? Your car can be seen turning out from this near to the bridge. Though I understand the lack of evidence in the Council video. It doesn't show you in the bus lane but can be seen turning out from it. 

see link below

https://www.google.co.uk/maps/@51.5741805,0.1836089,3a,60y,349.99h,90.28t/data=!3m6!1e1!3m4!1s8uMxaIseDO_yHl8TeeXhXw!2e0!7i16384!8i8192?coh=205409&entry=ttu

4
I keep a hand writen diary that would show I was in Billercay all day from 8am till 4pm and no work in the Harold Hill area but other than that, only my wife as an alibi to state I would have been at home at 6:41am on anyday including 6 June.

That said, I always thought its the responability on the Council to provide evidence like a photo and log notes and that is currently lacking.

A photo with a time/date would prove it one way or another as you see in my photo; the shutters in the shop is open and would have been closed at 6:41am

I do have a CCTV on my drive but the data has been rewriten from the 6 June.

5
I keep a hand writen diary that would show I was in Billercay all day from 8am till 4pm and no work in the Harold Hill area but other than that, only my wife as an alibi to state I would have been at home at 6:41am on anyday including 6 June.

That said, I always thought its the responability on the Council to provide evidence like a photo and log notes and that is currently lacking.

A photo with a time/date would prove it one way or another as you see in my photo; the shutters in the shop is open and would have been closed at 6:41am

6
Yes, they are the photos I took 10th July.
There is no evidence photos taken by the Council's Civil Enforcement Officer that I know of.

I sense they have omitted the photos taken by the CEO as they would be dated 10th July and would undermine there case.

7
They are all the photos I've taken of the PCN (front only) NTO (all sides) and location.
The council haven't provided any photos that I've seen.

Here is the direct link to the front of the PCN (let me know if you also want one of the back).

https://i.postimg.cc/05J8VBzY/IMG-7980.jpg

9
Thanks Incandescent, will do.

Are you able to see the photos posted? 
As some where having trouble finding the web code and not sure if iI've done it right.
Should be IMG_7965 in the link.


10
Rest of NTO pl, we need to see the wording and web code - which is the only way to access photos.
Just looked on their website, and there are no photos.
Where on the PCN or the NTO is the web code? I can't find one.

Assuming this goes to the Adjudicator, the case will be determined on the balance of probability. And right now the balance seems to be that a PCN was served on the 6th of June. To refute that you're going to need some solid evidence that your van was somewhere else on June 6th. Is there any such evidence? Job log, delivery log perhaps?


I never get up before 7am and my wife could confirm. I do also keep a diary and that would show my only job that day was working in Billercay.

11
The van was on my driveway at 6:41am  and I was still in bed.

12
Rest of NTO pl, we need to see the wording and web code - which is the only way to access photos.
Just looked on their website, and there are no photos.

Check again and let me know. I've posted them all and double checked by sending the link to my wife (no issues seeing them).

15
Just to add something.
You must have your facts absolutely correct on your reps. From your narrative, the key issue is that the PCN you found on your van on the 10th July was not for that date but for 6th June. You also spoke to the CEO who had served it on the 10th who told you why it had been served.

The photo of your van on 10th July does show it partly straddling the hatched markings, so a PC dated and served on the 10th July would be lawfully served.

Are you the only person who drives your van ? And are you sure the PCN dated 6th June was the one you found in the yellow envelope on the 10th July. I ask because in all the years I have been giving advice on forums like this, going back to the 90s, I have never heard of a situation like this. So please confirm my interpretation of the situation is correct.

Yes I am the only driver. Yes the pcn (dated 6 June) was the one received on 10 July
And I agree that my photo shows my van on the hatched markings and suspect they would have had me bang to rights if the details was all correct.

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