Speeding Summons?

AdrianC

Dr._Shoe wrote: »

Going back to the S172 offence: It is a basic fundemental of British Law that one is innocent until proven guilty.

Correct, and that still applies.
The prosecution's case is that you failed to provide the information the law requires you to do. They have to prove beyond reasonable doubt that you indeed failed to provide.

They may have to explain how they think that I can remove a GB sticker without leaving a tell-tale dark patch where the paint has not faded (a 22 year old car remember?)

Doesn't mean the sticker has been on the car 22yrs. Or even that the paint is 22yrs old. Or, even, that the GB sticker is a sticker rather than a magnet.

and how screws could rust in just a few weeks!

Mmm. I think you might be expecting a bit much of the image quality. But I've got a tub of rusty screws in the shed...

Dr._Shoe

No thanks, I've already got four on my car!

Car_54

Dr._Shoe wrote: »

No thanks, I've already got four on my car!

You may have a lot more if you look harder!

Dr._Shoe

Most of those are bolts. From what I observe string, gaffer tape and elastic bands don't seem to rust!

Dr._Shoe

Still not heard anything re the summons.

I gather that I should have heard something within 28 days but I think it's more likely to be six months.

Anyone able to shed light on this?

Car_54

Dr._Shoe wrote: »

Still not heard anything re the summons.

I gather that I should have heard something within 28 days but I think it's more likely to be six months.

Anyone able to shed light on this?

They (the CPS) have to lay information at court within six months of the offence. It can take a few more weeks before a summons is issued.

A S172 offence occurs when the deadline is missed, i.e. 28 days from the issue date.

Minrich

My car has specific things to identify it from another to avoid this sort of thing . It is easy to do and it could be as simple as a specific sticker in the front and rear window , a GB sticker etc .

somethingcorporate

This is a calcuated risk OP, I hope it comes out right for you.

Have you done anything to confirm it wasn't your car? asked work for car park CCTV etc on the day to prove you arrived and didn't leave until after the offence was committed?

A sticker and some rusty screws feels like an very tenuous defence and even if you are telling the truth the evidence may not be strong enough to stop you getting the points and hefty fine.

Dr._Shoe

I work at a little riding school out in the middle of nowhere. The boss doesn't even lock her front door let alone have CCTV installed.


It's all a moot point anyway as they'd be doing me for not providing information required under S172. The fact that it is a cloned car is my defence and all I have to do is to point out the differences between my car and the one in the image.

Where my car was at the time of the alleged offence is neither here nor there. This would only come into play if I were to be investigated for perversion of justice as in some of the high profile cases reported above.

Herzlos

Dr._Shoe wrote: »

The fact that it is a cloned car is my defence and all I have to do is to point out the differences between my car and the one in the image.

Please have more to your defence than that. You need to make an effort to locate the cloned car, and as many statements as you can get from other witnesses (like your boss) that you and your car were at work at the time of the incident.

If you're relying on rusted screw heads, you're, well, screwed.