Tuesday 10 September 2013

My day in Court

The long running battle I have with the local police and council concerning their overly aggressive use of speed camera's reached a new level on Friday when I had to appear in court to defend my position not to identify the driver of my car when it was flashed in early January.

The car was travelling at 38 miles per hour in a 30 mile per hour zone, the road was an eight lane carriageway, and traffic was minimal. I was seriously annoyed when I found out I had been 'flashed'.

How did I find out? Not by the usual process of summons, but by a policeman visiting the address in late March or early April. He was there to check I lived at the address in question, but when I informed him this was the first I had heard of the offense, he indicate he would resend the summons.

This arrived towards the end of April and I wrote indicating I could not be sure who was driving so could they give me photographic evidence to help? No, they said, the photo is only for car identification. "Oh" I said, "see you in court then".

I was duly summoned and warned that a guilty verdict would result in a 6 point penalty. My in-house legal team attended court three times on my behalf, arguing , that I had not received any notification until April, that I had co-operated to try to identify the driver and that I should be acquitted. The CPS were having none of it, so I was wheeled out in person to face the bench.

Three magistrates sat in judgement, and after my new solicitor put the case for dismissal, the young CPS lawyer asked a few questions and pushed for a guilty verdict. The magistrates then retired to consider their verdict.

After 15 or 20 minutes they returned to find me not guilty and, on application, awarded me and the team costs. So six points avoided, a lot of tax payers money wasted and a vindication of my bloody minded attitude towards the Liverpool road policing policy.

I got flashed again in May this year while taking my mother to hospital for a check up so I still have 3 points on my license, but what I am now exploring is a bolt-on for my sat nav and to see if there is a governor facility on the cruise control. I really must accelerate way from traffic lights at a much slower speed as that seems to be my undoing.

So I am leading 2-0 on contested cases at the moment, and have also used up my driver awareness option. If they had all gone the other way I would be facing a ban with twelve points totted up in less than a year. Compared to London,  Liverpool is really not a good place to get around by public transport, but with my old gits bus pass I must try.

1 comment:

Richard Donkin said...

The last time I went to court to challenge a fixed penalty they caned me!