Kawasaki Sportsbike Riders Club - Australia - Online Forum

I've attatched a text doc that is used in the UK after receiving a NIP (Notice of Intended Prosecution) and can have good results in getting them to forget about prosecuting you ( basically, they're sh*t scared of it setting judicial precedence).
It may not work here in Aus but it has to be worth a shot ???

Wouldn't let me attatch either word doc or txt so here it is to cut and paste into your letter writing thingy



<NAME OF> Safety Camera Partnership
NIP NO: <NIP NUMBER>
Date: <TODAYS DATE>

Dear Sir or Madam:

Re: Notice of Intended Prosecution number

I have received a notice of intended prosecution/request to identify the rider of a vehicle in relation to an allegation of an offence on <DATE OF OFFENCE>

I am aware that I have a duty to take reasonable steps to provide the information required in the notice. I take this duty seriously and I am therefore anxious that any information provided is accurate. I am also anxious to deal with this matter promptly. I am not the only person who has access to and authority to drive this vehicle and I am unable to confirm who was driving it on the day. I would therefore be obliged if you would provide the following to assist me to comply with your notice :

(a) a copy of any photographs and/or video taken of the vehicle concerned, whether or not this is able to show the rider;
(b) confirmation of the exact location of the alleged offence;
(c) where evidence was obtained by recording device, confirmation of the type of device used (including make and model), a copy of the up-to-date certificate of calibration, confirmation of the date of calibration and details of the method used; and
(d) where the recording device was mobile, details of the operator, their qualifications and the operator training received by them.

I trust that until such time as the photograph or other evidence is provided (allowing two days for postage under the usual rules of service) the 28-day period will not start to run.

Yours faithfully



Registered Keeper






Copyright White Dalton Motorcycle Solicitors

well where is it then???

I got another one in the mail today

Patience ya young bugger

I spoke to a Vic police officer regarding this issue recently. He stated that in the case of a photographic detection, the law simply states, that you must make all reasonable enquiries as to who was operating the vehicle at the time. Provided you do this, they cannot prosecute you regardless of if you are unable to identify the operator.

Hence the initial wording in the letter :wink

Honest your honour, the bike is for sale and there was at least 3 people that took it for a test ride that day

Definately, that bit on the back of the fine about getting a stat declartation is the loophole. Just say you let some dude take it for a test ride and you have no idea who it was. Next fine - put in your mothers name and pay it. Next fine - I was at a party and loaned a dude "I didn't know" my bike to go and buy some piss... etc etc.

but......... on a motorcycle.... you can only get a ticket from the back, and you wouldnt be able to see the face....... or in fact... even with a photo from the front, there is always the issue of the helmet....

chameleon wrote: I was at a party and loaned a dude "I didn't know" my bike to go and buy some piss... etc etc.

You know my copper mate do ya????? this was his suggestion too!

Here, if you can't identify the driver at the time, the registered owner gets stung with it, plus a $300 fine on top of of that for dailing to identify the driver at the time. However, on the plus side, you don't lose any points.

Further, there is no requirement to provide calibration details etc until you elect to go to court.

aardvark wrote:Here, if you can't identify the driver at the time, the registered owner gets stung with it, plus a $300 fine on top of of that for dailing to identify the driver at the time. However, on the plus side, you don't lose any points.

Further, there is no requirement to provide calibration details etc until you elect to go to court.

There was a case in UK (about 5 years ago) where a guy let 3 employees take a company car to some conference or something, the 3 guys took it in turns to drive there and back. A couple of weeks later the boss gets this speeding ticket through.
None of the guys could remember who was driving that stretch of road, the photo wasn't any help either,
The Boss ended up with the fine AND the points as the car was registered to him.

aardvark wrote:Here, if you can't identify the driver at the time, the registered owner gets stung with it, plus a $300 fine on top of of that for dailing to identify the driver at the time. However, on the plus side, you don't lose any points.

Further, there is no requirement to provide calibration details etc until you elect to go to court.

well there u have it

we also had another loophole over here regarding NIP's,

if you fill in the form fully, but then dont sign and date it,

it cannot be used against you as a statement of admitting the offence

if the police send it back to you and try and get you to sign it,

you can refuse, because the police cannot force you to sign it.

this did work on quita a lot of cases, im not sure if the loophole has been closed now though.

is there one that works for parking fines......i got slugged 105.00 for parkin at sandy beach on Aussie Day even though it was all day parking(didnt even occur to me ya had to buy a ticket at the beach)

They'll give you the photo's... but you have to pay for them...