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05-21-2012, 12:00 PM | #23 |
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I think an undercover cop car has been racing people and sending letters out. Bit naughty really. Only you will know if you did this!
I used to go to some illegal street racing many many moons ago as a teen. Police & helicopters turned up every week, filming etc. Out of all the people I knew who went, no one got a letter. This was 10 years ago mind. I Never had a car quick enough at the time to participate, but friends did and I passengered. They never heard anything. But like I said it was a long time ago many things have Changed.
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05-21-2012, 12:05 PM | #24 |
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Can you get a car ASBO in England?
They issue them up here to boy racers who cause nuisance with their cars. First time they impound the car until fees paid and second time they can permanently confiscate it. To make an accusation that you have committed an offence surely they would need some proof? If it turns out to be scaremoungering innocent road users I would like to think the police would have to have action taken against them. |
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05-21-2012, 12:06 PM | #25 |
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I think its the latter mate.... I really do.
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05-21-2012, 12:57 PM | #26 |
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Road Traffic Offences are deemed to have been committed by the driver of said motor vehicle. More often than not, the driver is also the owner so it allows for a streamlined disposal process.
In instances where a vehicle is reported to Police for misbehaviour and enquiries are undertaken [by the Police] to identify said vehicle, it is then important to identify the driver for the reason given above. So just like a notice for speeding you receive in the post, it asks you to state who was driving, this is pretty much the same thing. The OP (as ROK) is legally obligated to providing the details requested by Police, as failure to do so will land him with a summons to Court and automatic 6 penalty points on the licence for failing to provide the information. As with many things, if you are unsure, get legal advice (check your home contents policy for legal cover or car insurance) and get advice. But right now, all this is saying is that the vehicle you own has been reported to have been witnessed as misbehaving and in order to further enquiries, the driver needs to be identified. Further enquiries may then follow (i.e. interviewing of the driver). I have used this process successfully on many occasions when I witness vehicles misbehaving on the road but for whatever reason I can't stop them and deal with it there and then. As for ASBOs for vehicles, read Section 59 of the Police Reform Act 2002 - it gives us wide ranging powers to deal with instances, such as street racing, without necessarily having to prove the offence at Court. Hope this helps... |
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05-21-2012, 01:40 PM | #27 |
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Avoid bending over in the showers and you should be fine.
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05-21-2012, 03:57 PM | #28 |
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05-21-2012, 04:23 PM | #30 | |
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05-21-2012, 04:27 PM | #31 |
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05-21-2012, 06:10 PM | #32 |
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05-21-2012, 07:18 PM | #33 | |
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05-22-2012, 06:28 AM | #34 |
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OP, as ihpj mentioned, go for legal advice.
Your solicitor should contact relevant police department and should be able to find, why are they intending to prosecute you? A good solicitor should be able to get some useful information from the police and should try to mention your side of story that you were not there for racing or dangerous driving. I know somebody who had a similar letter and with legal help, he ended up going for a driving awareness course only. Hope that helps.
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05-22-2012, 07:26 AM | #35 |
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No need for a solicitor yet as you don't know any details. Reply to the letter and see what punishment you are getting and then decide if legal help needed. If its going to court then you def need a solicitor.
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05-22-2012, 07:28 AM | #36 |
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There are plenty of legal cases where it is one persons word against another. Thats where the solicitors and barristers aim to discredit the liar and the Judges tend to be pretty astute in working out who is lying. In a case such as this the driver of the car would have all the work to do to prove his innocence as the complianant will be believed pretty quickly, why would someone go to all the bother of reporting someone they don't know and have to endure court etc.
Having said all that this seems more likely a spot by a Policeman rather than another member of public. |
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05-22-2012, 10:16 AM | #37 |
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[QUOTE=makkan00;12011236]I know somebody who had a similar letter and with legal help, he ended up going for a driving awareness course only.
QUOTE] When I say that, it means even without going to court. His solicitor has persuaded officer not to prosecute the defendent but to send him on driving awarensess course. And sensible officer would realize that giving somebody a chance to improve his conduct is far better than sending defendent to court to be prosecuted. Just a thought, as it worked and worked spot on!
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05-22-2012, 10:17 AM | #38 | |
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05-22-2012, 10:19 AM | #39 | |
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[QUOTE=makkan00;12012288]
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05-22-2012, 01:32 PM | #40 |
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You have 28 days to furnish the info. There should be a telephone number on their somewhere for the traffic criminal justice unit. Personally I'd either call or write to ask for more information regarding the alleged offence as you'd still have time to send that letter back in.
Personally I've never known blanket NIP's. Only if evidence exists, but I'm not saying it doesn't happen. I've known sec.59 notices to be abused and they shouldn't be. |
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05-22-2012, 02:06 PM | #41 | |
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Is it a private road or someting? Do you have any pics of the place? And do you have your wheels now? Still waiting to see the jap and euro fusion. All the best Regards. |
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05-22-2012, 03:47 PM | #42 | |
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Am going to go speak to my lawyer tomorrow. If we where racing or speeding stop us. Plus no would speed pass a cop car.
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05-22-2012, 04:26 PM | #43 | ||
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05-22-2012, 05:13 PM | #44 | |
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Not yet mate. Bit skint to be fair spent 1,500 on lci xenon headlights and I just found out my rear hub in bent so I brought one which cost 250 and brought a front left suspension leg which was 110. And just bought a rear tyre and will have to do the tracking again Which will be about 50 so a lot of money gone lol. But I feel like getting some other rims I saw
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