Help needed - 2 summonses- failing to name driver & speeding

[poidal]

I remember that there was a thread that dealt with this situation, so please point me in the right direction if you can.
My friend's car was scamera-ed at 52 in a 40 in April, and he received a NIP 6 days later. At the time, I was acting as his agent, filled the form in for him, did not sign it, kept a copy, and returned it within 28 days. I obtained a certificate of posting as proof the form had been sent back, date-stamped within the 28 days. I know that many other people in this situation have found it to be the end of the matter, but my friend has now received summonses alleging he was both speeding and failed to name the driver. We have proof the form was filled in and returned. They have no proof he was the driver, as the form was not signed. Is there a best way of dealing with this when it gets to court? My friend would appreciate any help on this. He already has 9 points, so maybe that's why they are having a go, to try and give him a ban.

[timsta]

Mmmm, I beleive the non signing route has been firmly shut, as has getting an agent to fill it in.

Have a look at pepipoo.

[8Pack]

I often wonder in cases like this if there is any possible future gain to be made by stating (in writing), after finally signing the NIP, that it was signed under duress?.....

>> Edited by 8Pack on Friday 2nd December 00:20

[Dwight VanDriver]

You have mixed your friend a right bottle Poidal.

Now at Court he will be given an opportunity to give his side, either on Oath and as a result can be cross examined, or a statement not on Oath from the well of the Court. If on Oath he may well admit having been the driver and thereby play into the hands of Prosecution on the speeding charge. But bear in mind also that at Court one has the right not to answer any question that incriminates oneself in an offence charge. I would suspect that the prosecution may well ignore the speeding charge at the outset as they will have no proof of who was the driver because the 172 form was not signed.

By not signing the Section 172 Form, that loop hole was closed in the Idris Francis case in relation to failing to name driver offence.

There may be some mileage for a Solicitor to plead on this later offence in the Dwight Yorke case:

www.tinyurl.com/itp7

Because of the circumstances a complex matter and I would suggest that a Solicitor with a good knowledge of Traffic Law be consulted.

dvd

>> Edited by Dwight VanDriver on Friday 2nd December 08:26