Contesting a fixed charge offence (speeding/points)

Bellemz

Hey,

Got a notice of an alleged offence, speeding, caught by a camera in a white van somewhere near my place of work. The thing is the ticket is for an offence which took place at 10am and I didn't head to work until 1pm so there's no way that I was there. No-one borrowed my car so that's out. I tried ringing the guards and they said that it was definitely my vehicle even if I wasn't there. Does anyone know how to go about contesting it? I'm trying to remember where I would have been so that I could see if the car was on CCTV anywhere at that time.

My guess is that the time setting on the speed camera was wrong because I was there later in the day and could well have been speeding, though I'm careful not to...

There's got to be some sort of a loophole if the time on the ticket is wrong...just need to prove that I wasn't there/that the time is wrong.

Any takers?

Thanks

djimi

If you can prove that you werent where they said you were at the time of the offense then they cant prosecute you. Happened to my father a couple of years ago; he got a speeding ticket from a road he hasnt driven in years; he was able to prove that he, nor his car, wasnt on that road at the time and date in question and it was revoked. Turns out after we analysed the photos someone was driving with fake plates which had the same number as my fathers car.

murphym7

I would not fancy the fight myself - you could get lumped with 4 points instead of 2.

I would definelty fight it if I was in a different part of the country all day and was nowhere near that road.

Bellemz

Thanks for that. When I rang they were able to describe the car so it's unlikely that it was someone with fake plates. Any ideas on how to prove I wasn't there. I could well have been asleep in bed at that time because I'd been working late the night before.

R.O.R

Did you get a photo of the reg plate on the fine?

If you did, you can get a blown up version of the photo and you should be able to figure out:

1. If it's your car
2. If it's you

djimi

murphym7 wrote: »

I would not fancy the fight myself - you could get lumped with 4 points instead of 2.

Why? If its not him and he can prove it then why not contest it rather than pay the fine and get the points for a violation he didnt commit? Only if he can prove it tho...

Muckie

But you accept it was your car and it was speeding.

Could be a fight be you wouldn't be the first or last to get

off on a technicality.

murphym7

djimi wrote: »

Why? If its not him and he can prove it then why not contest it rather than pay the fine and get the points for a violation he didnt commit? Only if he can prove it tho...

That's kinda what I was trying to say - if he can prove it. The problem is that he was on that road that day - maybe there is no loophole on wrong time settings on camera's maybe there is. I just would be very cetain of winning before I start the fight - we will get loads of stories of people beating the camera's and getting no points etc... I wonder how many people we will have saying they fought and lost and got lumped with 4 instead of 2.

I would be very sure of my proof before taking it further - escpecially if I actually was driving that road that day.

Bellemz

I'm a she btw.

Right, I definitely was not there at 10am, just spoke to a friend of mine who jogged my memory. There's a picture of the plates on the notice and the guard on the phone seemed to have a picture of the whole car in front of him.

If I was lying in bed at the time with the car parked outside my house (no cctv or anything) has anyone got any ideas on how to prove it?

Pot Noodle =

Send the Notice back with NO Contract on the front and back put a sticker over the window in the letter with the return address

Bellemz

Pot wrote:

Send the Notice back with NO Contract on the front and back put a sticker over the window in the letter with the return address

Is this a joke?

murphym7

Pot wrote:

Send the Notice back with NO Contract on the front and back put a sticker over the window in the letter with the return address

What will that do?

djimi

murphym7 wrote: »

What will that do?

Probably land her in a whole world of sh*t with the guards...

Henry Ford III

Ask the Gardai for a copy of the blown up picture.

If it's you driving your own car OP you'll have a hell of a job proving any fault in the notice.

djimi

Yeah if you cant prove it then youre going to have a hard job contesting it. Basically they have a piece of evidence saying you were on a certain road and at a certain time breaking the speed limit, and its up to you to prove them wrong. In my fathers case he had no trouble proving beyond any doubt that it wasnt him (I think he was at some work event or something at the time and had the car with him) but without that kind of proof its your word against their photographic evidence.

Might be worth seeking legal advise but that would probably prove more expensive than it would be worth.

reilig

If its from the Gatso van the guard should have a full picture of the vehicle. Have a friend who is a solicitor and a few years ago he was representing a guy who swore that he wasn't driving the vehicle which had broken the speed limit. The prosecuting guard was able to produce a photograph of the driver's face as well as the jumper that he was wearing while driving. Funny enough he wore the same jumper to court that day. He got 4 points for that i think.

The camera in the Gatso van is very very clear and strong.

djimi

reilig wrote: »

If its from the Gatso van the guard should have a full picture of the vehicle. Have a friend who is a solicitor and a few years ago he was representing a guy who swore that he wasn't driving the vehicle which had broken the speed limit. The prosecuting guard was able to produce a photograph of the driver's face as well as the jumper that he was wearing while driving. Funny enough he wore the same jumper to court that day. He got 4 points for that i think.

The camera in the Gatso van is very very clear and strong.

The problem here seems to be not so much that its her car and her driving it, its that the time and date are wrong on the notice. Basically, the camera can say what it likes, if she can prove beyond doubt that she wasnt on that road when it says she was then I really dont see how they have a leg to stand on when it comes to convicting her.

pitkan

Years ago I got a parking fine posted to me for parking illegally in Dublin whem in fact I was in work in my home town. Got proof from management as to where I was at the time and fine was dropped. I had a van while the offender with my reg. had a car .

Bellemz

Damn Gatso van.

I'm going to try to get CCTV of the car parked with a time stamp on it. I'll send that off with payment and request that the points don't go on the licence.