Legal advice please

[MartinH]

didn't want to appear confrontational Martin, just trying to open up the debate to the fact that the decision to apply this roadcheck alleges to have been based upon the number of accidents involving motorcyclists in that area. Whilst I can agree in part with the roadside checks I also think the police are incapable of applying the rules fairly and justly across all areas of the public, because if they were then we would see large areas of motorway access roads (or more to the point service areas) also subject to roadside checks.

Alan, I didnt take it as confrontational at all. I just wanted to make it clear I was not condoning the police tactics thats all. It seems to me as if they have been told to go out and put as many bikers as possible off visiting the area. I know something has to be done up there as it was bedlam a few weeks ago. Doing the usual small plate/visor/exhaust malarkey isnt going to make any difference to the accident figures. Granted if the police keep doing this maybe people will ride elsewhere and increase the accident statistics in another area. It does wind me up as when I was up in the lakes a large gang of youths came past my house and threw a rock at one of the cars in my drive and also smashed the window of my neighbours freelander. Even though there was a witness the police did nothing but move the kids on. Kind of winds me up to see or hear of a large amount of policemen stood at the side of the road stopping every bike the same day.

 

[chrisw]

Just thought that myself Mike. Also what about section three......"except by a constable in uniform" - would that exclude a Sergeant or higher rank? It would certainly exclude non-uniform I guess.

All police officers carry the title of constable irrespective of rank. There is also legislation authorising VOSPA to stop vehicles.

 

[ProjectImola004]

I know this is a slightly different tack but it's related. Did any of you read MCN about 2 months ago about getting caught by Gatso cameras? they printed a letter from a lawyer which you send to the plod if you get one of these caught on camera letters. They drop all charges if you send this letter with your admission to being the rider at the time of the incident. Here is a copy of it.

Ref. C14626128 (offense ref no)

C2 EPL (my car registration number)





Dear Chief Constable



Further to the above Notice of Intended Prosecution, I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:

Edward Lowdell
address

D.O.B. 06.03.1968

Driver Number: blar blar blar

As this statement is provided under threat of criminal penalty (Funke v France) and as I have not received the caution required by paragraph 10.1 of PACE Code C (Mawdesley-v- the Chief Constable of Cheshire (2004) 1 All E.R.58), I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.

Yours sincerely,

Edward Lowdell

Give it a go. (by the way, it doesn't work in Scotland)

 

[DrSaline]

It would have to be someone in uniform. I'd suspect - although I've not checked - that 'constable' is defined elsewhere in the Act as any police officer of whatever rank.

That's absolutely right. I'm hoping one day to meet a Chief Superintendant and refer to him as "Constable" - might be good for a wind-up!

 

[BDG]

BDG

Here we go this is the guy to ask when all else fails.

http://www.keepondriving.co.uk/
&
http://freemaninvestigates.com/

who is he?

http://fifthgear.five.tv/jsp/5gmain.jsp?lnk=601&featureid=374

In theory sounds great. I signed up for all of my company drivers at Xmas, when i needed them i made numerous calls over the course of 3 or 4 days, before i actually got to talk to someone, despite numerous promises of your call will be returned asap. When i finally got a reply it was from someone who was very curt and supercillious and sounded like it was more bother than it was worth.

Mr Freeman himself does have an excellent track record geting high profile stars off, but the people you speak to on the front line didn't really instill confidence.

I was not impressed to be honest.

 

[sTivH]

As usual then it's another solicitor franchise scheme.

However if no one came up with a definitive answer I thought he/they might know the relevant answers to your questions regarding road stops.

Even better if you have a card I would expect them to be willing to advise or offer info on the relevant act/legislation?

It would certainly be handy to know as it will only be a matter of time before one of us gets dragged into one of these roadblock stops.

 

[BDG]

I was that impressed with the total lack of service i cancelled my cards for me and all the drivers.