Speed ticket ID of driver can't be ascertained

wilf55

My daughters car which she shares with boyfriend was caught speeding 36 in a 30 zone by a fixed camera

She didn't hear anything for 6 months and then got a nip
Because she then couldn't say who was driving her or boyfriend she wrote saying so She said they had done everything they could etc. she also stated that she believed it to be time barred.
Letter back saying they originally sent out paperwork within time scale.
She couldn't attend first date due to illness they rearranged and she couldn't attend second due to work. She is a school teacher. They said they couldn't adjourn again but told her to plead guilty and then appeal
After a disastrous ours paper trail on their part letters not arriving letters with other people's details etc sent to her address etc she finally got a letter saying here is the details of fine and points but don't think you can appeal due to pleading guilty.
Where do we go from here please

She was being totally honest when she said she didn't know who was driving despite doing everything they could.

Result being £575 fine and 6points on licence
She
She is feeling it would have been better to lie .....but her feelings are that's not what you are supposed to do and she has been penalised for telling the absolute truth
Thanks in advance

Alter_ego

wilf55 wrote: »

She couldn't attend first date due to illness they rearranged and she couldn't attend second due to work. She is a school teacher.

Sorry but a court summons takes priority over work - even school teaching.

ChumLee

She got a nip after 6 months?

Are you sure it wasn't a summons or postal charge?

Go back to her and check the terminology of the forms and then repost clarifying them. Chances are she'll have to swallow it if she entered a guilty plea. She cannot appeal against conviction as she said she did it. The sentence is not unreasonable so an appeal there is a waste of time too.

Her only hope it was a nip, things is that was the time to ask for advice and not now.

tberry6686

Who told her to plead guilty and then appeal ?

NIP taking 6 months to arrive - I highly doubt that (unless the registered keeper and your daughter are different and have a very convoluted chain to get to her and even then, as I understand it, the case needs to be handed over to the court before 6 months is up.

The chances of a successful appeal of this appear to be minimal I would think, so the points and fine will almost certainly stand. Might as well let her know that insurers take a very dim view of this and she can expect her premiums to take a big hike at renewal time.

caprikid1

Sounds like she tried various outdated ways to get off a speeding ticket. Not being funny but most people know by time of day and location who was driving even in a shared car. People tend to have a habit of who drives various routes.


I don't think there is anyway she can get round this, if she had researched properly she would know the points would ultimately fall to her as the registered keeper.


Sounds like this is the end of the road on this one and an expensive learning experience for wasting other peoples time. If you share a car you need either to nominate or keep records. What if it was a more serious crime ? Sorry not sure who was driving at the time of the hit and run so please let me off ????

Joe_Horner

Taking your post on face value, she needs good legal advice, not opinions off a website. Given the fine and the likely cost to her insurance, if a solicitor thinks she has grounds to have it quashed it's likely to be money well spent.

wilf55

Thank you will get the exact details from her later. Because of the tome lapse she couldn't actually say who was driving.

ChumLee

Joe_Horner wrote: »

Taking your post on face value, she needs good legal advice, not opinions off a website. Given the fine and the likely cost to her insurance, if a solicitor thinks she has grounds to have it quashed it's likely to be money well spent.

Out of interest what grounds do you think she might have? Sound like she entered a guilty plea.

TonyMMM

She got 6 points for failing to name the driver, not speeding.

If she honestly never received any requirement to name the driver, then she had a potential defence. But it does sound like she received something at the time, replied saying she couldn't name the driver and thought that would be the end of things ?

If you plead guilty, you can't appeal against the conviction. The number of points and fine are normal for the offence so no point appealing against that either.

Sounds like she may have messed this up very badly.

dannyrst

wilf55 wrote: »

Thank you will get the exact details from her later. Because of the tome lapse she couldn't actually say who was driving.

Not sure what the issue is. One of them was speeding and the only impact I can find is financial from the cost of the fine and the increase in insurance premium. If your daughter shares money, it is irrelevant who got the points. If they don't, just both put half towards the fine and half towards the increase in insurance.

She should never have pleaded guilty if she wasn't sure she did it.

ChumLee

dannyrst wrote: »

Not sure what the issue is. One of them was speeding and the only impact I can find is financial from the cost of the fine and the increase in insurance premium. If your daughter shares money, it is irrelevant who got the points. If they don't, just both put half towards the fine and half towards the increase in insurance.

She should never have pleaded guilty if she wasn't sure she did it.

She didn't plead guilty to speeding. It was failing to name the driver.