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David R

Original Poster:

1 posts

261 months

Friday 10th December 2004
quotequote all
I on 9 points and have had a conditional offer for 3 more points.

I sent back my NIP with me as the driver and then recived a conditional offer. Realising I made a mistake I called the police to say that I was not driving and what should i do. I was told to send a letter outlining what I said in the call. And was told that I would be sent a new NIP in the post and I should then give details of the driver at the time of the offence. I then asked the police to record our conversation as it was getting close to the end date on the conditional offer.

Today I recived a reminder to notification of conditional offer of fixed penalty. Saying..."I hereby give you notice that proceedings against you as the driver" and "We have evidence that you were the driver of the motor vehical". Well I can't accept the points as i'm on 9 and I feel like I'm being pushed into court, which is what will happen if i don't do something about it. Anyone had this experience? Anyone got and advice please? Cheers David

>>> Edited by David R on Friday 10th December 21:13

leosayer

7,827 posts

273 months

Friday 10th December 2004
quotequote all
You signed a document admitting that you were the driver and now you want to retract as you made a mistake. Why did you make a mistake?

Was it because you weren't the driver, or because you weren't there when the offence happened or what or something else.

To be honest, if you've signed what is in effect a confession then you would probably have to prove that the form was confusing, or that you completed it under duress. And you'll have to do it in court.

BliarOut

72,863 posts

268 months

Friday 10th December 2004
quotequote all
They'll chase you to the end of the earth for their £60 I'm afraid. The truth doesn't come into it.

There will be a photo, so if the picture of the actual driver won't look like you this could help.

Best to get yourself over to www.pepipoo.com sharpish

Dwight VanDriver

6,583 posts

273 months

Saturday 11th December 2004
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You have got yourself into a right pickle David.

Firstly with something so serious as to name yourself as the driver on the 172 form now brings disbelief in many that you now want to change that fact and name someone else. Moreso when you take into account your current 9 points.

IF it is true then get things on paper and WRITE to the SCP that sent you the forms in the first place explaining and why the change and name the driver.

If they play ball all well and good, but something tells me they won't now having that crutial piece of evidence.

So, dont pay, and let the matter run to Court which it will as your for the ban in any case as driver. It will then be for you and whoever was the driver (as witness) to enter a Not Guilty plea and try and convince the Magistrates.

Faced with your predicament I would be off to CAB and a session with their free Solicitor.

DVD

Don

28,378 posts

313 months

Saturday 11th December 2004
quotequote all
Dwight VanDriver said:
Faced with your predicament I would be off to CAB and a session with their free Solicitor.


Damn right.

Now - if you were driving and the SCP have a picture your're screwed. Messing about in Court is just going to get a longer ban. So are you very sure they don't have a picture of you driving? I'd ask for the evidence as you think you may have made a mistake in identifying who was driving at the time.

If they *do* have a picture of *you* driving you're probably going to end up in court anyway and its time to eat humble pie and hope the ban is short.

In either case you want proper legal help to deal with this.

Too late now - but with nine points on your licence I'd have thought being ultra-ultra careful would have been the order of the day when out and about driving.