Can a pc issue a fixed penalty ticket if he is alone without video evidence back up?

[Pavam]

If there is a case where a precedent was set by then subsequently setting a set of conditions that have to satisfied before a fixed penalty ticket is issued I would like to know about it. I am due to appear before magistrates court and need to beef up my defence.

basically it is officer's word against mine and he has no other evidence ie no video or audio recordings or another officer to back him up..

please help

[sara3]

do you not have a legal representative?

[Pavam]

It is beyond logic to employ one when they quote me in excess of 1500 quid for what is perhaps a 2 hours work for them and some form filling.. so yes perhaps there is justice for those who can afford it.. I unfortunately cant so I am left to fight my battles with my limited witt.. Additionally I believe it is an offence to admit to an offence that you did not commit..

If you have a suggestion and are of legal background Sara by all means come forward

[loonytunes]

Yes, but did you do it? It sounds like you are banged to rights but are looking to avoid your responsibilities on some sort of loophole.. You speak of justice for those who can afford it but nowhere have you said what you are accused of or that you were not guilty. An officer does not need video evdience if he saw you doing something. There are hundreds of offences, from going through a red traffic light to murder where eye witness evidence identifying the offender can be accepted. His word against yours yes but he is a Police Officer who has sworn an oath to bring offenders to justice. The Courts may take the view that the effort and costs of bringing you to court go a long way to indicating the strength of the case. You have clearly refused or omitted to pay the fine when given the opportunity to do so so you must hae some evidence of your innocence to show that you did not commit the offence, ie. mistaken identity..

[fredpuli47]

You're before the magistrates' court. You are trying to 'beef up' your defence , you are denying the charge.

Neither in fact or law, has any fixed notice procedure to do with it . You opted for trial. The fixed penalty procedure has no relevance.It's merely a procedure whereby you can admit guilt at the scene and avoid a court appearance.If you don't adopt it you go for an appearance and are summoned to court in the usual way.

[R1Geezer]

plead not guilty, plod won't want to go to court especially if it's not clear cut. He'll drop it. However if you do end up in court the beak will favour plod so make sure you have a robust defence. A lawyer won't help in this situation.

[dzug]

Well if I were plod I'd want to argue that your hands free device became a hand held one when you were fiddling with it.

Whether that's a legitimate argument or not I've no idea.

[sumo19]

Wow, you are a risk taker.

what is this; a fixed penalty notice or a penalty notice for disorder?

I would have thought the jury would have believed the police officer really, just because he is assumed to be a responsible person.

I guess it depends whether the jury is willing to accept the police officer's word, or if they require more evidence. Either way, you will receive a record of criminal conviction if convicted. And the crown prosecution service don't normally follow something through to court unless they are reasonably sure they will get a conviction.

If I were you, I would mention the fact that it has come to light recently that some police officers have criminal records for crimes such as dishonesty and they themselves might not even be trustworthy, therefore, the word of one police officer is not evidence that justifies a conviction or something along the lines of that.

Fair play to you for fighting it, I hope it goes the rightway if what you say is true!

[dzug]

It will be a magistrate, not a jury

[Yorkie580]

Be careful attacking the character of the officer unless you are sure taht they are dishonest, and have proof to back it up.

If you call their character into question, your character will also automatically be called into question, and any previous convictions or matters of dishonesty can be laid in front of the court.

I appreciate the costs involved, but if you are thinking of attacking procedure or character, you really do need experienced representation, or you risk being made to look like an absolute fool, or worse an absolutely dishonest fool. At the same time, if the officer is of good character, this will have to be acknowledge and placed on record by the court. The courts have seen it all before - and the CPS Rep - however inexperienced (or
not - some are fantastic) will wipe the floor with you if you start trying to "play the system".
Just fight it on fact - if you weren't using your phone, then phone records and the other facts will prove this.