Cant Identify driver (not wont)
Discussion
Story so far. Car clocked by camera at 48 in a 40. NIP to my parents whose business owns the car. As its the car I use for work ( in effect my company car) they enter me as driver and send it off. NIP arrives at my house. Now I dont know if it was me driving or one of several others it could have been but cant be arsed with it all so send my licence and cheque, signing the NIP but noting ( well more like written ranting) that I have no idea wether It was me or not but there seems to be no mechanism on the form for this. I premused they would just cash the cheque and return the now sullied licence, but have instead sent me the photo and once again invited me to identify the driver or "Accept the conditional offer and admit responsibility" Apparently if I dont identify the driver the police "may refer the matter to be dealt with in the magistrate court".
This would all make sense if the photo actually showed something, sure you can see the car and the reg plate but there is no way you could make out the driver. Are all their photos this crap? Will they really have a much better photo that theyll whip out in court? I really dont know what to do now, Ive already said Ill pay and take the points but this clearly wasnt enuogh for them. Anyone any thoughts?
This would all make sense if the photo actually showed something, sure you can see the car and the reg plate but there is no way you could make out the driver. Are all their photos this crap? Will they really have a much better photo that theyll whip out in court? I really dont know what to do now, Ive already said Ill pay and take the points but this clearly wasnt enuogh for them. Anyone any thoughts?
smac said:
Are all their photos this crap? Will they really have a much better photo that theyll whip out in court? I really dont know what to do now, Ive already said Ill pay and take the points but this clearly wasnt enuogh for them. Anyone any thoughts?
Some are clear but generally they are of a poor nature. The law is clear on the matter you have to provide any infomation you have as to the identity of the driver. As a registered keeper it is even stricter as you have to show due dilengence in who was the driver. As a company vehicle what is due dilengence is quite strict so the company could face a charge.
The good news is if you really do not know who was driving that is sufficient for a not guilty verdict - the bad news only a judge can decide whether you really do not know.
In short you have to go to court and prove you don't know something.
Guilty unless proven innocent - British Justice at its best.
Id rather just take the points and pay the tax than waste a day in court. How convenient for all concerned - the system could almost have been designed that way! A less honest man might consider this to be good reason to be more imaginative with future tax returns and such. Make people criminals and they'll act like them.
smac said:
Id rather just take the points and pay the tax than waste a day in court. How convenient for all concerned - the system could almost have been designed that way! A less honest man might consider this to be good reason to be more imaginative with future tax returns and such. Make people criminals and they'll act like them.
Then go to court and explain that you honestly cannot tell who was the driver!
If they believe you, you will have saved your tax and the points!
I bet you even declare all your cash jobs too
To have a hope of seeing this through you must be able to show that you used due diligence in trying to identify the driver e.g. by calling and speaking with those who might also have been behind the wheel. If you still can't say for sure who was driving and the Court accepts your attempts were sufficient, you will almost certainly receive a not guilty verdict. So we are told.
bluepolarbear said:
Failing all the other advice and you really just want to take the points and fine then say that you were driving and send your license and cheque.
Of course giving false information on the NIP is an offence itself
oooooooo decisions eh?
Daddy or Chips? Daddy or Chips? Daddy or Chips?
Street
bluepolarbear said:True but are they likely to care as long as someone takes the rap
Failing all the other advice and you really just want to take the points and fine then say that you were driving and send your license and cheque.
. There is also the hassle factor of doing the legal thing. I personally would do the legal thing and fight it but I was just going off what the original poster said.
esselte said:
Don't think they're really bothered who puts their hand up for it so long as they get their £60 subscription. (otherwise thy'd spend the money on cameras that do get reasonable photos.)
Totally agree and it will only get worse while the establishment has the attitude of
Streetcop said:
oooooooo decisions eh?
Daddy or Chips? Daddy or Chips? Daddy or Chips?
Street
New labia have decided to use the justice system as an indirect taxation route to pay for the over indulgence and failed policies. Its spreading like a cancer with fines for everthing from shop lifting to speeding.
UPDATE
After having received the photo that was no help in identifying the driver I wrote back to the Scam people pointing out that the photo was no help and that they clearly hadnt looked at it before sending it and we were no further forward. They replied that my comments on the photographic evidence had been passed to the relevant department of the Central Process Bureau who would contant me in due course. Well its now six months to the day since the alleged offence and Ive heard nothing. Does this mean its all over?
After having received the photo that was no help in identifying the driver I wrote back to the Scam people pointing out that the photo was no help and that they clearly hadnt looked at it before sending it and we were no further forward. They replied that my comments on the photographic evidence had been passed to the relevant department of the Central Process Bureau who would contant me in due course. Well its now six months to the day since the alleged offence and Ive heard nothing. Does this mean its all over?
smac said:
Yeah Ive tried staring at the speedo as I drive but I was getting fed up of driving into things. I now look out of the window at the hazards on the road ahead. Seems to work better for me.
DVLA
Swansea
SA99 1BY
The above is the address to return your licence to.
If you can't maintain a speed limit (like you did on your driving test, when you were inexperienced), then perhaps you need to be parted from it...
You don't need to constantly STARE at the speedometer..the occasional glance, combined with experience and knowledge of speed means that achieving and maintaining a desired speed isn't exactly hard...
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