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I read the other day that French drivers are so angry at the number of speed cameras that they now contact a website with details of NOIP's, pay a fee and then let a solicitor do a 'class action' which means that the courts cannot possibly prosecute them all, thus clogging up the system causing the abandonment of most prosecutions. As so many speed cameras are so inaccurate, why do we not do the same thing? Perhaps we could organise a similar scheme through your column? Surely ‘Mr.Loophole’ would be just the man.
Asked on 21 February 2009 by
Answered by
Honest John
The reason why Britons don't is that the British ‘middle classes’ are vulnerably trusting, excessively passive and hate to make a fuss. That is why they have got the government they have. If they really knew how to get angry and get organised the country would not be in the mess it's in. The British middle classes collectively let politicians, unelected politicops and the City of Thieves walk all over them. But, if they want to fight, solicitor John Josephs writes: “I have long said the whole system depends on the support and co-operation of the public. If every motorist who was served with a fixed penalty notice (either a "ticket" or a conditional offer of a fixed penalty) refused to accept them and insisted on the case being taken to Court, the system would clog up within a fairly short time, especially if they all pleaded Not Guilty, refused to accept any S9 statements and insisted that all prosecution witnesses attend Court. It would also have the added "bonus" of tying up dozens of police officers, camera operators and ticket issuing clerks as they would be in Court all day.
An example of how this would work:
Stage 1
Say a police force issues 50 NIPs/S172 notices. Everyone returns them admitting that they were the driver and then refuses the offer of a fixed penalty. The police issue summonses against all 50 for the same Court on the same day.
Stage 2
All 50 Defendants indicate Not Guilty pleas and insist that all prosecution witnesses attend Court, so the cases have to be adjourned for the CPS to obtain a calendar of witness availability.
Stage 3
At the adjourned hearing the Court will fix a date for trial based on witness availability. Assume that the Court allows an hour per case, this means that the Court can hear 5 cases per day, thus requiring 10 full days to hear the whole 50 cases. In practice many Courts will work on 30 minutes but this can lead to over-running.
Stage 4
The trials take place.
Repeat this all over the country.
The downside is, of course, convenience and expense.”
John Josephs can be contacted at Turner Coulston, Solicitors, 65 Brook Street, Raunds, Northants NN9 6LL. DX 701616 THRAPSTON Tel (+44) (0)1933-624141. Fax: (+44) (0)1933-624143. Website: www.tclaw.co.uk
An example of how this would work:
Stage 1
Say a police force issues 50 NIPs/S172 notices. Everyone returns them admitting that they were the driver and then refuses the offer of a fixed penalty. The police issue summonses against all 50 for the same Court on the same day.
Stage 2
All 50 Defendants indicate Not Guilty pleas and insist that all prosecution witnesses attend Court, so the cases have to be adjourned for the CPS to obtain a calendar of witness availability.
Stage 3
At the adjourned hearing the Court will fix a date for trial based on witness availability. Assume that the Court allows an hour per case, this means that the Court can hear 5 cases per day, thus requiring 10 full days to hear the whole 50 cases. In practice many Courts will work on 30 minutes but this can lead to over-running.
Stage 4
The trials take place.
Repeat this all over the country.
The downside is, of course, convenience and expense.”
John Josephs can be contacted at Turner Coulston, Solicitors, 65 Brook Street, Raunds, Northants NN9 6LL. DX 701616 THRAPSTON Tel (+44) (0)1933-624141. Fax: (+44) (0)1933-624143. Website: www.tclaw.co.uk
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