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18-08-06, 08:07 AM | #1 |
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Do I have a case for appeal?
I was on my way to work this morning and I was approaching a speed camera at 30, looked in my mirror a there was a car getting closer very quick and then I heard brakes screeching by which point he was quite close. I wasn't convinced he would slow enough in time as he was going still quite fast and it was raining so on autopilot I speed up slightly as he had no room to go round me due to on coming traffic. The fact that I was next to a speed camera at the time wasn't my top priority. When I looked down at my speedo once he had slowed down enough (when I say enough he was going the same speed as me about a foot from me but wasn't getting any closer) and I was going 37. The car then went past me and about seven other cars on the wrong side of the road once the oncoming traffic had cleared then cut up the front car as he pulled back in to avoid the bus that was now on coming. I'm guessing the car was probably stolen as the driver had his face covered.
Question is if I get a NIP do I have any grounds to appeal? As far as I am concerned I did the best thing to avoid being hit by a car, I couldn't even pull off the road as there were railings along the edge of the pavement. But I suppose I have no way of proving what happened. |
18-08-06, 08:13 AM | #2 |
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I've appealed a NIP and won. It can be done but sometimes it's easier to beat the prosecution on legal technicalities rather than actual logic and common sense. I pointed out to the cops that the 30 sign was obstructed by a telegraph pole and the lighting over it was broken. They resisted at first but eventually gave up. It took 3 letters but I was prepared to go to court over it as I didn't think it was fair (plus I already had 3 pts and 6 means big insurance rises).
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18-08-06, 08:14 AM | #3 |
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One of the joys of cameras I'm afraid. Any sane traffic cop who witnessed what you described wouldn't pull you (and you'd hope they'd pull the car driver over). The camera, however, just saw you speeding, regardless of the reason. You can try appealing by all means, but without proof, I really don't think you'll get anywhere.
Jelster (at least I think it was him) got caught by a bus lane camera a while back; he was forced into it by a car that pushed its way into his lane and he had to go into the bus lane to avoid an accident. Again, any police officer witnessing it wouldn't of charged him, but cameras lack that sort of judgement. Still, they make the roads a safer place, don't they? |
18-08-06, 08:15 AM | #4 |
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Nope they'll still nick you for it. It specifically mentions that kind of scenario in the leaflet that comes with the NIP as not being grounds for an appeal.
It would seem like its better to get knocked off than break the speed limit by a few MPH in order to avoid an accident. Have a look on here it might be of use http://www.pepipoo.com/
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Look Dave, I can see you're really upset about this. I honestly think you ought to sit down calmly, take a stress pill, and think things over. K5 GSXR 750 Anniversary Edition |
18-08-06, 08:16 AM | #5 |
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TBH 99% of the time the cameras don't have live film in them anyway so hopefully you'll be OK - fingers crossed!
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18-08-06, 08:38 AM | #6 | ||
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I'm just really ****ed of and a little bit shaken up. Anoyingly I may already have a NIP on it's way to me from a couple of days ago, that time my fault. If I get 6 points on my licence I would have to pull out of the job I had applied for at the BBC not that i would have definatly get it but at least I had a chance. |
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18-08-06, 08:50 AM | #7 |
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association of british drivers website helped me out a lot with my appeal. Hopefully you won't get a ticket but definitely worth fighting it if you do.
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18-08-06, 08:56 AM | #8 | |
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18-08-06, 09:03 AM | #9 | ||
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