Gatso...Whats my next move?
Discussion
Ok, got flashed coming home from Woburn Safari park. Got summons through post 37 in a 30. Sent off letter stating we didnt know the road but myself and my wife swapped places when our son became ill at some point. Where the camera was I dont know.
I asked for a copy of the photo and it arrived today. It is definately our car but still unsure as to who was driving.
Any legal experts know what my next move is? If I write saying the picture didnt help what will the BiB reaction be?
Thanks
K
You ask them where the camera was located so you can check your road map and driving route. Then you tell them you'll try to retrace the route to see if you can recall where you switched drivers, probably at the side of the road if she took ill. Ask them for the photographs to help with identification. Catso should be from the rear.
You have to be seen to be trying as hard as possible to identify the driver so make sure to ask 'them' for lots of information then you can use that at court in your defence if it gets to court.
Boosted.
You have to be seen to be trying as hard as possible to identify the driver so make sure to ask 'them' for lots of information then you can use that at court in your defence if it gets to court.
Boosted.
Ok, looking at the photo more clearly, there is a noticable height difference between the driver and passenger. I am taller than my wife !!
Should I still persue the view that we cannot remember who was driving at the time? Seems if it went to court, the Mag would just slam me with points...
Anyone know what the fine and points for 37 in a 30 is?
Edited by evolutionvalet on Thursday 6th July 20:48
evolutionvalet said:
Ok, looking at the photo more clearly, there is a noticable height difference between the driver and passenger. I am taller than my wife !!
Should I still persue the view that we cannot remember who was driving at the time? Seems if it went to court, the Mag would just slam me with points...
Anyone know what the fine and points for 37 in a 30 is?
Edited by evolutionvalet on Thursday 6th July 20:48
put the wife back on the rack
evolutionvalet said:
Ok, looking at the photo more clearly, there is a noticable height difference between the driver and passenger. I am taller than my wife !!
Should I still persue the view that we cannot remember who was driving at the time? Seems if it went to court, the Mag would just slam me with points...
Anyone know what the fine and points for 37 in a 30 is?
Edited by evolutionvalet on Thursday 6th July 20:48
You say that there is a noticable height difference between the driver and passenger, but does this have anything to do with who was driving? On the majority of modern cars there are seat adjustments to lower the passenger seat for comfort and more legroom and to raise the driver to a position with a better view of the road.
Thus it is more than possible that the height difference was caused by this. Certainly would be an unsafe conviction if this is the only way to see the driver.
I would keep going, and has been said you could even provide two passport photos of you and your wife and ask them if they can provide a higher quality photo (of course they cant) and help you identify the driver.
There is a more than reasonable chance you will hear no more. It is easier for them to divert resources to the thousands more who dont put up a fight. Even if they push on, you may also find that the CPS realises the futility of the case. Even if they really want you to come to court, a good solicitor should be able to take on your case, armed with the two photos and ask the prosecution to prove who was driving. Case dismissed with your costs paid for by the crown.
Or, you can not have the hassle and like many others put the £60 down to an unavoidable income tax and take the 3 points with the knowledge that the points will probably never top up anyway.
justinp1 said:
evolutionvalet said:
Ok, looking at the photo more clearly, there is a noticable height difference between the driver and passenger. I am taller than my wife !!
Should I still persue the view that we cannot remember who was driving at the time? Seems if it went to court, the Mag would just slam me with points...
Anyone know what the fine and points for 37 in a 30 is?
Edited by evolutionvalet on Thursday 6th July 20:48
You say that there is a noticable height difference between the driver and passenger, but does this have anything to do with who was driving? On the majority of modern cars there are seat adjustments to lower the passenger seat for comfort and more legroom and to raise the driver to a position with a better view of the road.
Thus it is more than possible that the height difference was caused by this. Certainly would be an unsafe conviction if this is the only way to see the driver.
I would keep going, and has been said you could even provide two passport photos of you and your wife and ask them if they can provide a higher quality photo (of course they cant) and help you identify the driver.
There is a more than reasonable chance you will hear no more. It is easier for them to divert resources to the thousands more who dont put up a fight. Even if they push on, you may also find that the CPS realises the futility of the case. Even if they really want you to come to court, a good solicitor should be able to take on your case, armed with the two photos and ask the prosecution to prove who was driving. Case dismissed with your costs paid for by the crown.
Or, you can not have the hassle and like many others put the £60 down to an unavoidable income tax and take the 3 points with the knowledge that the points will probably never top up anyway.
Totally agree with this, also consider one person might have a long back and short legs, other vice versa so height sitting is stuff all to do with it.
I think at some point, having established in writing plus delivery receipts that you have tried to establish who was driving you will have to provide a full list of possible drivers to the scamps and let them take it from there.
That I would say gives you a damn good defence against an S172 charge.
At that point IF the original photo and not the one provided to you is sufficiently clear to proceed against one of the named parties then CPS will lay a charge, if not NFA.
Bet you get some bullying attempts though, so be prepared.
Thanks for the advice. I would have accepted the points a few years back but have seen my father banned for 6 months due to totting up and my grandfather given points for driving at 36 in a 30 after having a clean license for 40 years. I feel this is such an unjust charge that I feel it should be fought against and in my own way I will.
I will send off the photos and see if I get anywhere and also ask for a map of the area and the siting of the camera to ascertain where the point of driver change happened.
Any other areas to collect information from to help my research? We didnt stop for fuel as then I would have asked the petrol station for CCTV images etc.
Kev
I bought that book written by an ex traffic pol. The advice in there is to either both claim the other party was driving or both put your hands up and say it was you. Apparently they send a policeman round to your house to point out that one of you is committing a serious defence but if you can get thru that - hey ho!!
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