please help

[cbr900]

Hi

I was out on my bike at the weekend and I came off the motorway onto a roundabout. This roundabout joins onto a short dual carraige way to another roundabout, as I was going down this dual carraige way I saw a woman with a camcorder filming me. I went round the roundabout and came back down the other way to see if she was still filming me. I went back round to where I first saw her and stopped to have a chat. When I went over to her she was pretending that she wasn't doing anything. When I asked her if she was filming me she said "people are using this road as a race track" so I said "you won't get any where with that" and then I rode off (this lady I assume was from one of the houses). This was on Saturday 26th May an afternoon ride about 3.30pm

How wrong was I 4days later I got a letter in the post saying the I've got to go to court for driving without undue care and attention or without consideration for other road users or place???

So can any one tell me:
1) Is this a breach of my privecy rights?
2) Will I have any chance of winning the in court, as far as I am concerned I did not change lanes, I stayed in the fast lane which had no other vehicles and I was not breaking the speed limit.
Please can you help me with this dilemer. Thanks

[Teddio]

Sound to me you have no case to answer as you didn't break the law. Members of the public (assuming this woman isn't an undercover cop) do not have the authority to judge whether or not a person is riding without due care and attention. Was her camera calibrated? If, for instance, she was using a wide angle zoom it will appear as if you were riding much faster than you actually were. Seek legal advice.

[almcd007]

No your privacy was not abused. It is anyone's right to video or record in a public place.

I'm amazed that it would take only four days for a summons letter to come through. Does it actually give times and dates? Do they match to when you saw this woman ? I doubt whether her videoed evidence is just that unless she was a safety camera officer.

By "fast lane" there are no such things - but I assume you mean the outside lane ? You drove up the outside lane when the other lane was clear ? Hardly crime of the century. As for not being able to judge your speed and wide angle lenses etc - if there is a fixed point in the road and they time you between two fixed points - it doesn't matter what speed it looks like you're going the timings will tell you. Was it national speed limit or has it been dropped to a lower speed as some dual carriageways have to combat people using it as a racetrack ?

It all doesn't quite add up - double check everything to be sure.

[Loosehead]

1) No
2) Ask to see the "Evidence" , sound's like bullsh1t to me. Initially at least they do not even know who was riding the bike, so if it was the police you would have got an NIP initially. Even if it is genuine then you can plead not guilty. The film will be evidence for both sides. Sounds to me as though you would have a very robust defence. Although I must say the whole lot sounds very iffy to me.

How old is your Blade?

[Toureman]

If she was anything to do with the police she would have said so.

The whole thing is ludicrous, was the letter you received an official police one? if not I would report her to the police.

[almcd007]

If that's the case then how did she get hold of cbr900's address ?

If the letter was addressed to the registered keeper - it must have come from an official source unless she's obtained his details from DVLA by lying as I dont think "I suspect this rider of driving a bit fast in the outside lane" is an excuse for the DVLA to give up the info !!

[cbr900]

its me the rider this woman i here that she lives in the house on this road and my friend siad that im and his friends go down there in there cars and do DRIFTING in there cars and bikers go down there in the daytime racing there bikes , so the owner of the house is filming them and any 1 els that gose down there and gives it to the police, this is how the police got my address ect i dont know if this helps or not but thats for all you responces you all are great thanks

[almcd007]

I don't understand where the actual evidence comes from for the Police toprosecute in this instance. They've acted on it very quickly to view to footage, get advice from CPS and then send a letter out. As I mentioned earlier do the dates referred to tally to when you approcahed the woman ?

[cbr900]

the woman has givin her camra to the police .yes this timeing is bang on iv sent the letter off saying that i was the rider becouse it was me i think im just going to have to wait in till the next letter comes in with all the detelson it ? :0(

[Panic Button]

I would fight it all the way. Deny any offence.

I am not an expert but from your description I can't see how they would take it to court. More likely they would decide to drop it.

[happyskyper]

In the future just dont go racing on the roads especially this one as she will be filming all that goes on

.. you and your mates could perhaps invest in a day at the race course and rev up there.