Summons Help!!!

Sandoval

Keith wrote: »

In the cases I've seen:

4. The police don't proceed.

Do you think it also happens in the millions of cases you haven't seen?

Hintza

PrincessJelly wrote: »

but what kind of country do we live in if you are rewarded for lying.

You are making the assumption that this type of fine is about justice. It is more about revenue raising and control.

Alt

Unless you have a very unusual driving scenario, surely you could have guessed with a fair degree of certainty who was driving the car 2-3 weeks ago at a specific time and place?

Sandoval

Alt wrote: »

Unless you have a very unusual driving scenario, surely you could have guessed with a fair degree of certainty who was driving the car 2-3 weeks ago at a specific time and place?

You would think so wouldn't you?

In the same situation I could have a decent stab at whether it was me or the missus belting through a particular stretch of road if given the time and date.

DaveF327

I refer you to the defence offered by the law:

Road_Traffic_Act_1988 wrote:

172
(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

So you should attend court and show that you exercised all reasonable efforts to identify the driver but could not. As you told us:

PrincessJelly wrote: »

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.

we wrote to the police to ask for guidance, as it is an offence to give the wrong details.

it seems to me you've made reasonable efforts here and even involved the police in your efforts. Short of asking CID to identify the person in the picture, you need to persuade the court that your efforts qualify for the subsection (4) defence.

Hintza

It's obviously the missus who was driving as she doesn't have any points yet..........;)

Rolandtheroadie

Hintza wrote: »

It's obviously the missus who was driving as she doesn't have any points yet..........;)

But as they didnt just say that in the first place, its a possible 6 points instead of 3.

bestpud

What sort of work hours do you both have and how far from your home is the road?

Do you both drive along it most days and at different times?

If so, is that because it is the main road from your house to pretty much anywhere you may go?

I guess I'm asking why it is you cannot say who was driving even though you have a date and time within a week or so of it happening? And would your argument stand up to close scrutiny?

If it were me and my ex, we would maybe struggle a bit to think if we'd been to the local shop a few evenings in a week, for example. Or if we regularly picked one of the children up and had no set 'rota' for it.

But then, for the shop, we could check bank statements as we would mostly use cards, and for the other scenario, we could probably find out by asking others and/or thinking about activities they'd done etc.

If it were a road we didn't use too often, I think it would be fairly easy to work out which of us it was tbh.

It's these kind of questions you need to be asking yourselves before you decide whether to fight this or not imo.

Hammyman

Just to add, 54MPH in a 40MPH limit is borderline 28 day ban territory.

sarahg1969

Hammyman wrote: »

Just to add, 54MPH in a 40MPH limit is borderline 28 day ban territory.

The summons is for failing to ID the driver, not speeding.