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Court Date for Failure to Notify Drivers Details
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Unfortunately the I don't know who was driving "defence" has been tried by millions, it doesn't work, they're on to it . . .0
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societys_child wrote: »Unfortunately the I don't know who was driving "defence" has been tried by millions, it doesn't work, they're on to it . . .
It does work if you genuinely have no way of knowing and a good lawyer. I believe Christine and Niel Hamilton ( ex MP ) successfully defended a speeding ticket this way. They argued that they regularly switched drivers on long journeys and would not know who was driving at that particular time.
I suspect their lawyer cost a lot more than than the fine and increased insurance cost put together.0 -
Nobbie1967 wrote: »I believe Christine and Niel Hamilton ( ex MP ) successfully defended a speeding ticket this way.
13 years ago. It would be VERY unwise to regard that as any kind of precedent after this amount of time.0 -
Nobbie1967 wrote: »It does work if you genuinely have no way of knowing and a good lawyer. I believe Christine and Niel Hamilton ( ex MP ) successfully defended a speeding ticket this way. They argued that they regularly switched drivers on long journeys and would not know who was driving at that particular time.
I suspect their lawyer cost a lot more than than the fine and increased insurance cost put together.
It worked for Christine Hamilton (not Neil), but that was many years ago, and the courts have become much more sceptical. I doubt if you could find a recent similar example.0 -
Nobbie1967 wrote: »It does work if you genuinely have no way of knowing and a good lawyer. I believe Christine and Niel Hamilton ( ex MP ) successfully defended a speeding ticket this way. They argued that they regularly switched drivers on long journeys and would not know who was driving at that particular time.
I suspect their lawyer cost a lot more than than the fine and increased insurance cost put together.0 -
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So the lessons are:
1. Don't bury your head in the sand and pretend it's not happening.
2. Even if you genuinely don't know who was driving, don't expect any help from the police in using the photos to identify the driver.
Lesson 1 is fair enough. Lesson 2 seems dreadfully unfair and quite unreasonable.0 -
So the lessons are:
1. Don't bury your head in the sand and pretend it's not happening.
2. Even if you genuinely don't know who was driving, don't expect any help from the police in using the photos to identify the driver.
Lesson 1 is fair enough. Lesson 2 seems dreadfully unfair and quite unreasonable.
What do you think is unfair - the comment or the police?
If you ask in the right way (for photos "to help identify the driver"), the police will usually provide what images they have. However, these images were never designed for that purpose - they're intended to capture the offence and identify the vehicle. The law then puts the onus on the keeper of the vehicle to identify the driver. That's hardly the fault of the police/0 -
I think some are being a bit harsh on the OP. He clearly states he was willing to give the driver details; he received images which didn't show whether it was his vehicle or not - it's easy to imagine that the there could have been an admin error in what was sent out - he asked for a clearer image, which he got. He then acknowledged it was him driving by email, but the police are saying that sending his details on an e-mail is not sufficient, so he's off to court.
OP, check with your insurers (car, home etc.) whether you get legal support as part of your policy which could cover this. If so, get proper legal advice through that, or try a local solicitor - some will offer a free 30 minute consultation. If you end up going on your own, take all your evidence and present that to the court. Might not make any difference, but shouldn't make it any worse.0
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