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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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The photo of my car taken with a speed camera in the dark is

Customer Question

The photo of my car taken with a speed camera in the dark is not clear and to show and read my rear number plate the police have enhanced the image and also zoomed in.
Am I correct that the original photograph must be able to show the number plate without enhancement to be valid speeding fine?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Jo C. :

. Thank you question. My name is ***** ***** I will try to help with this.

Jo C. :

No.

Jo C. :

At least, obviously their original must be clear enough to show an index number.

Jo C. :

Otherwise it cannot be relied upon.

Jo C. :

But the copy that they have sent to you need not be.

Jo C. :

In terms of enhancements, there is no reason that they could not blow up the original image and rely on that but they won't do it. It is very labour intensive and expensive to do that and they are not going to invest that amount of resources in a speeding offence.

Jo C. :

But enhancements won't be the issue here anyway.

Jo C. :

It will just be that the copy they sent to you is a weakened version. CPS always send these things out in badly copied form.

Jo C. :

Can I clarify anything ?

Jo C. :

Jo

JACUSTOMER-yw5rwldy- :

this is different to what I have been told in the past. when the picture was on film with the date time etc around the sides I was told (by a retired police officer) that if the image was not clear then it could not be enforced. the photo evidence they have sent from a over head variable speed gantry has been zoomed twice and the black white levels enhanced to see the number plate. also, and I need to check further, the offence was on the 15-12-14 and the date of the NOP letter to me of 13-1-15. I have a company car so the NOP would have been sent at first to the office.

Jo C. :

Well, police officers are not a good source of advice.

Jo C. :

In any event, what he told you is what I am saying above.

Jo C. :

The image you were sent is a non issue. It is just a rough copy.

Jo C. :

Their original image will be much clearer although even weak images can be enhanced and relied upon.

JACUSTOMER-yw5rwldy- :

possible if the officer was just a 'friend' but this was a retired chief constable and a close relation.

Jo C. :

That does not mean they cannot enforce this.

Jo C. :

I am sorry but I am not going to be able to tell you that weak images cannot be enhanced.

Jo C. :

They will not as it isn't cost effective speeding.

Jo C. :

That does not mean they could not.

Jo C. :

There will be no need here anyway though because their image will be much clearer.

JACUSTOMER-yw5rwldy- :

I was hoping you would be able to give me some specific facts on the law camera image that I could used to challenge the ticket. but I am not any clearer on what is or is not the law.

Jo C. :

I am sorry but I am afraid that is because you do not have a challenge on this basis.

Jo C. :

It would be irresponsible of me to suggest that you do.

JACUSTOMER-yw5rwldy- :

I was hoping details on the letter of the law.

JACUSTOMER-yw5rwldy- :

I will have to look in other places.

Jo C. :

Ok. Good luck.

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