Summons Help!!!

PrincessJelly

Hi

I am not sure whether you guys will be able to help, but I am sure that one of you will know the answer!

In January, our car was pictured doing 54mph in a 40mph zone. Both me and my husband drive the car, so it could have been either of us. We asked the police for a picture which they supplied but we could not make out who was driving. So we wrote to the police to ask for guidance, as it is an offence to give the wrong details.

This morning we have received a summons, well my husband has as the car is registered in his name. The summons is for failing to identify the driver.

I know that we should not have been speeding, that is not the issue, but we did not want to lie about the identity of the driver.

Help anyone? What should we do?

Thanks in advance

Sandoval

Does the car belong to you or your husband?

PrincessJelly

My husband owns it, but we both drive it.

mikey72

It worked for the Hamiltons

http://www.thefreelibrary.com/Christine+Hamilton+cleared+of+speeding+(because+she+says+she+can't...-a0110588778

Sandoval

PrincessJelly wrote: »

My husband owns it, but we both drive it.

His points then.

PrincessJelly

Thanks Mikey72. Sandoval, yes, we know that ultimately he will get points, but he may now get points for failing to give details, where he did actually try, and for the speeding.... he already has three points. We could have just lied and I could have taken the points, but what kind of country do we live in if you are rewarded for lying. We thought we were doing the right thing by being honest.

Sandoval

PrincessJelly wrote: »

Thanks Mikey72. Sandoval, yes, we know that ultimately he will get points, but he may now get points for failing to give details, where he did actually try, and for the speeding.... he already has three points. We could have just lied and I could have taken the points, but what kind of country do we live in if you are rewarded for lying. We thought we were doing the right thing by being honest.

Surely you know that there were only three things that were ever realistically going to happen:

1: He admits it and takes the points.
2: You admit it and take the points.
3: Neither of you admit it and he takes the points.

Forgive me but I'm genuinely not sure what outcome you were actually looking for here?

zartub

PrincessJelly wrote: »

Thanks Mikey72. Sandoval, yes, we know that ultimately he will get points, but he may now get points for failing to give details, where he did actually try, and for the speeding.... he already has three points. We could have just lied and I could have taken the points, but what kind of country do we live in if you are rewarded for lying. We thought we were doing the right thing by being honest.

got 6 points and a £100 fine wife was driving at the time silly me never sent the details back recorded delivery:( first case adjourned wanted us to go to court 60 miles away :eek: even though the offense was only 4 miles from where we live. you cant win with the justice system take it on the chin & become a burglar ( you would get away with it )

Ian_W

PrincessJelly wrote: »

but what kind of country do we live in if you are rewarded for lying. We thought we were doing the right thing by being honest.

Don't really get your point here.
We live in a country where the driver of a vehicle is (generally) responsible for any offences they commit whilst driving the vehicle. However, as it is not always possible to stop and identify the driver there is an onus on the reg keeper to name the driver, if required to do so by the police, where an offence is alleged.

The police are required to send out the request within 14 days, so it's not like you're being asked to remember something from months before. If "can't remember" were to be a defence, the law which is also used for fail to stop accidents as well as the dreaded speed camera, would be useless and thousands would simply get away with quite serious motoring offences. Do you think that is right?

The police have required your OH to give info required by law and he hasn't, it's not for them to advise him. He gives the info or commits the offence - simple. If he disagrees, get him lawyered up and plead not guilty - don't think he's much chance but it's his right.

Keith

Sandoval wrote: »

Surely you know that there were only three things that were ever realistically going to happen:

1: He admits it and takes the points.
2: You admit it and take the points.
3: Neither of you admit it and he takes the points.

Forgive me but I'm genuinely not sure what outcome you were actually looking for here?

In the cases I've seen:

4. The police don't proceed.

sarahg1969

Get on to the motoring forums at https://www.pepipoo.com.