Speeding ticket advice please
Discussion
I have received a fixed penalty notice from Kent Police.
I requested a copy of the photographic evidence and from this the driver cannot be identified. i have just phoned them to say I would like to see the origional and am going there now, but the lady said the sun was shining on the windscreen of the vehicle and it is not possible to identify the driver.
The car is my own vehicle registered to me.
I said that i did not know who was driving and what would be the situation.
She said it would go to court and be down to the magistrate to decide.
So whats the score here, do I have a getout or not? I don't want to risk landing up with more than the £60 and 3 points. My licence is currently clean
I requested a copy of the photographic evidence and from this the driver cannot be identified. i have just phoned them to say I would like to see the origional and am going there now, but the lady said the sun was shining on the windscreen of the vehicle and it is not possible to identify the driver.
The car is my own vehicle registered to me.
I said that i did not know who was driving and what would be the situation.
She said it would go to court and be down to the magistrate to decide.
So whats the score here, do I have a getout or not? I don't want to risk landing up with more than the £60 and 3 points. My licence is currently clean
There is an obligation under Section 172 (3) Road Traffic Act 1988 on the Reg Keeper to name the driver of the vehicle committing the offence of speeding .Failure to do so is an offence punishable with fine of up to £1000, discretionary disqualification and 3 points on LIcence.
But under Sub Section (4)... a person shall not be guilty of this offence if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
If you do not genuinely know who the driver was then you will have to reject the Conditional Offer (£60/3points)and ask for a Court hearing. They will then summons you for not naming and at Court it will be up to you to convince the Magistrates that you do not know and present evidence of what you have done to try and find who it was and why you cannot name.
It is then in the lap of the Gods whether or not they believe.
dvd
But under Sub Section (4)... a person shall not be guilty of this offence if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
If you do not genuinely know who the driver was then you will have to reject the Conditional Offer (£60/3points)and ask for a Court hearing. They will then summons you for not naming and at Court it will be up to you to convince the Magistrates that you do not know and present evidence of what you have done to try and find who it was and why you cannot name.
It is then in the lap of the Gods whether or not they believe.
dvd
Before taking this route
1. Does anyone else drive the car - if not then it is likely that you know
2. If "Yes" is there any evidence that they could not be with the vehicle that day (diary entries, working that day, credit card receipts, etc)
3. If "No", is there any evidence that you were with the vehicle (credit cards, petrol receipts, etc)
Think before taking this route. If you genuinely don't know make some efforts to find out. Then write to SCP telling them what you havedone and asking for other ideas.
If it can be shown that you are untruthful in taking this line expect a savage response that could (in extreme) lead to short loss of liberty.
They don't like you not paying up, you know
1. Does anyone else drive the car - if not then it is likely that you know
2. If "Yes" is there any evidence that they could not be with the vehicle that day (diary entries, working that day, credit card receipts, etc)
3. If "No", is there any evidence that you were with the vehicle (credit cards, petrol receipts, etc)
Think before taking this route. If you genuinely don't know make some efforts to find out. Then write to SCP telling them what you havedone and asking for other ideas.
If it can be shown that you are untruthful in taking this line expect a savage response that could (in extreme) lead to short loss of liberty.
They don't like you not paying up, you know
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