notice of intended prosecution

dave030445

DoctorFoster wrote: »

How long ago was it?


Have a look to see what you were doing on that day.

We have gone through are diary's and phones calenders and nothing jumps out to prove who was driving at the time. We are nearly always together. so to say 100% who was driving will be almost impossible.

dave030445

JustinR1979 wrote: »

A quick google: http://www.consumeractiongroup.co.uk/forum/showthread.php?394951-Unsure-who-was-driving


Maybe something of help there

Not really any help just people given there thoughts but thanks for your time in finding it.

DoctorFoster

dave030445 wrote: »

We have gone through are diary's and phones calenders and nothing jumps out to prove who was driving at the time. We are nearly always together. so to say 100% who was driving will be almost impossible.

Would usually drives or is the main driver?


Any reason why it wouldn't be them?

Aretnap

Write back or call the ticket office and ask if they can send you any photos which might help identify the driver. Do this before you return the form. The photos may or may not help, depending on the type of camera, time of day etc. Be aware that the police force will not always provide them, especially if they don't show the driver clearly, and that if they don't it doesn't relieve you of your obligation to name the driver. Asking for photos also doesn't stop the clock running on the 28 days that you have to return the form and identify the driver.

If they don't send the photos, or if they don't show who was driving, you basically have three options.

(1) Think a bit harder and work out who was driving. What were you doing on that day? Check your diary, credit card bills etc. If the speed camera is between home and Tesco, who paid for the shopping that day? That sort of thing. What else would you do if there was a £1000 prize for correctly identifying the driver - instead of a £1000 fine for failing to do so?

(2) Write back and explain why you can't work out which of you was driving. You'll be charged with failure to provide driver details, summonsed to court and the onus will be on you to persuade the magistrates that you could not, with reasonable diligence, have worked out which of you was driving. This is not impossible, but it's not easy either - too many people try to use this "loophole" to get off speeding tickets and magistrates have got rather sceptical of claims that two grown adults can't remember what they were doing a few days previously. If you lose the penalty is 6 points and a fine of several hundred pounds. You also get an MS90 code on your licence which can make getting insurance difficult and expensive in future - it makes insurers wonder what you did that was so terrible that 6 points and £500 seemed like a better option than owning up to it. You might well find that Motability won't accept people with that conviction as drivers of their vehicles.

(3) Take your best guess. Unless the speed is particularly high this will lead to one of you going on a speed awareness course (half a day, around £100 and no points), or at worst a fixed penalty (3 points and £100).

(3) is generally the most pragmatic option. If you're going to do that DO NOT admit to any uncertainty about the identity of the driver when you return the form. Any response along the lines of "I think it was X but I'm not sure" will be treated in the same way as "I don't know", and you'll end up going down route (2) instead.

dave030445

DoctorFoster wrote: »

Would usually drives or is the main driver?


Any reason why it wouldn't be them?

For long journeys it would more than likely be me. But for local journeys it could really be either.

DoctorFoster

dave030445 wrote: »

For long journeys it would more than likely be me. But for local journeys it could really be either.

You're not really helping yourself are you?


See Aretnap's post. There is no loophole.

redcard

dave030445 wrote: »

We really can't remember i don't wont to put the wrong info down.

We got a clever one here, folks.

dave030445

Aretnap wrote: »

Write back or call the ticket office and ask if they can send you any photos which might help identify the driver. Do this before you return the form. The photos may or may not help, depending on the type of camera, time of day etc. Be aware that the police force will not always provide them, especially if they don't show the driver clearly, and that if they don't it doesn't relieve you of your obligation to name the driver. Asking for photos also doesn't stop the clock running on the 28 days that you have to return the form and identify the driver.

If they don't send the photos, or if they don't show who was driving, you basically have three options.

(1) Think a bit harder and work out who was driving. What were you doing on that day? Check your diary, credit card bills etc. If the speed camera is between home and Tesco, who paid for the shopping that day? That sort of thing. What else would you do if there was a £1000 prize for correctly identifying the driver - instead of a £1000 fine for failing to do so?

(2) Write back and explain why you can't work out which of you was driving. You'll be charged with failure to provide driver details, summonsed to court and the onus will be on you to persuade the magistrates that you could not, with reasonable diligence, have worked out which of you was driving. This is not impossible, but it's not easy either - too many people try to use this "loophole" to get off speeding tickets and magistrates have got rather sceptical of claims that two grown adults can't remember what they were doing a few days previously. If you lose the penalty is 6 points and a fine of several hundred pounds. You also get an MS90 code on your licence which can make getting insurance difficult and expensive in future - it makes insurers wonder what you did that was so terrible that 6 points and £500 seemed like a better option than owning up to it. You might well find that Motability won't accept people with that conviction as drivers of their vehicles.

(3) Take your best guess. Unless the speed is particularly high this will lead to one of you going on a speed awareness course (half a day, around £100 and no points), or at worst a fixed penalty (3 points and £100).

(3) is generally the most pragmatic option. If you're going to do that DO NOT admit to any uncertainty about the identity of the driver when you return the form. Any response along the lines of "I think it was X but I'm not sure" will be treated in the same way as "I don't know", and you'll end up going down route (2) instead.

thanks already read this from other site

dave030445

DoctorFoster wrote: »

You're not really helping yourself are you?


See Aretnap's post. There is no loophole.

I really don't know what else i can do.

dave030445

redcard wrote: »

We got a clever one here, folks.

I can't be that clever. As i really don't know what you are referring to