GENUINELY not sure who was driving
GENUINELY not sure who was driving
Author
Discussion

iantr

Original Poster:

3,687 posts

262 months

Saturday 7th August 2004
quotequote all
Some advice please.

I've received a NIP from Thames Valley Police as my car was apparently doing 48 in a 40 zone.

I am GENUINELY unsure as to whether my wife or I was the driver at the time. We both drove that route during the afternoon in question, and have had somthing of a debate over who was at the wheel at 17:16 - the time given on the NIP.

Wording on the NIP states;

"This allegation WILL be supported by photographic evidence at any subsequent court hearing"

Also;

"...you have a right to refer your case to a Magistrates court. The Police would then provide camera calibration and offence evidence in court"


It may be that photographic evidence would show which of us was driving, so I'd like to see it. The paras above suggest that the only way I'll get to see the evidence is by going for the Magistrates court option, which I suspect carries risks beyond £60/3pts.

What should I do?

Can I ask for the evidence before I fill in the NIP or not?

If not, it doesn't feel right that we have to decide between ourselves who's going to take the points.

Thoughts/comments/advice welcomed.

dubaiguy

356 posts

280 months

Saturday 7th August 2004
quotequote all
You CAN ask for the photos now before you do anything but you MUST respond to the NIP within 28 days ...... I know as I've just done it.
Hard luck - mine was 46 in a 30 limit.

BliarOut

72,863 posts

262 months

Saturday 7th August 2004
quotequote all
It's been said before, but www.pepipoo.com will give excellent advice on such matters

HTH

ledfoot

777 posts

275 months

Sunday 8th August 2004
quotequote all
iantr said:

Thoughts/comments/advice welcomed.


I think you would know if if you had broken the speed limit or not.

Otherwise you are not fit to be in control of a road vehicle.

iantr

Original Poster:

3,687 posts

262 months

Sunday 8th August 2004
quotequote all
ledfoot said:


I think you would know if if you had broken the speed limit or not.

Otherwise you are not fit to be in control of a road vehicle.



Thanks for pointing this out ledfoot. Really helpful.

Richard C

1,685 posts

280 months

Monday 9th August 2004
quotequote all
ledfoot said:
I think you would know if if you had broken the speed limit or not.

Otherwise you are not fit to be in control of a road vehicle.


Really ledfoot ! - so you are one of these who always 'knows' what the speed limit is despite
A) the proliferation of speedlimits, many inappropriately low
B) you look at your speedometer mo9r often than you look at the road

westy04

275 posts

285 months

Monday 9th August 2004
quotequote all
The same happened to me.
Write them a letter explaining and ask for the photos to prove.
They sent my pictures within a couple of days, along with a letter explaining that only a magistrate can decide whether the argument of not knowing who was driving is acceptable.
Unfortunatly the picture shown that it was me driving. So I had to cough up.