Confused with Speeding Ticket

kayla1999

22/08/2018 - Car was seen by camera doing 35 in a 30 zone
Car is leased so we didn't get the notification until beginning of October
There are 3 of us insured on the car and due to the length of time was unsure as to who was driving so responded and explained that and asked for photographic evidence. Still unable to clarify from picture.
Today all 3 possible drivers have received a 'Single Justice Procedural Notice'
- All 3 being charged with the offence ??
How do we respond to this, it is very confusing. Hoping someone may have been in a similar situation and be able to advice
Thanks you

foxy-stoat

The 3 of you need to work out who is was - I am sure even with this amount of time you can make an educated guess who it was.....time, day, location.

All 3 of you work?

Car_54

What are you actually being charged with? Speeding, failure to furnish details, or both? At present, they can't convict anyone of speeding, as there's no evidence to identify the driver. However, failure to furnish is a MUCH more serious offence.
Best to post on pepipoo.com for expert advice.

kayla1999

We can remember that day, it was GCSE results day so we were all off work. The camera was on a stretch of road behind our house and we all used the car that afternoon. My son picked my daughters friend up, I took them to collect their GCSE results and then we went out for food. It could have been any of those trips, None of us are clear of the timings that afternoon and it is very difficult to remember your precise movements from 2 months ago

kayla1999

We all responded to our individual letters stating that we were unsure who was driving at the time of the offence. We didn't take any advice, we just sent letters back. None of us have ever had a speeding ticket before, not sure what we expected but all 3 of us have now received letters with charges about the speeding and failure to identify the driver, but we did provide details of who could have been driving we just can't honestly say who was

foxy-stoat

kayla1999 wrote: »

We can remember that day, it was GCSE results day so we were all off work. The camera was on a stretch of road behind our house and we all used the car that afternoon. My son picked my daughters friend up, I took them to collect their GCSE results and then we went out for food. It could have been any of those trips, None of us are clear of the timings that afternoon and it is very difficult to remember your precise movements from 2 months ago

I dont think you can claim that you dont know who was driving - it will probably be upto the person on the lease to prove that it was not them - in driving fines/convictions the registered keeper is the one who gets stung - odd that the vehicle's registered keeper is the lease company when clearly they are not the registered keeper.

waamo

The 3 of you are potentially looking at 6 points each, a big fine and being clobbered with a big insurance hike.

You need to work out who was driving. Whilst you can't knowingly lie there is nothing wrong with suddenly working out how it was. It is probably the least painful option to suddenly remember. I'm sure if you think hard enough you will come up with a name.

Aylesbury_Duck

kayla1999 wrote: »

We all responded to our individual letters stating that we were unsure who was driving at the time of the offence. We didn't take any advice, we just sent letters back. None of us have ever had a speeding ticket before, not sure what we expected but all 3 of us have now received letters with charges about the speeding and failure to identify the driver, but we did provide details of who could have been driving we just can't honestly say who was

As has been advised, you need to take some expert advice. Sending three letters like that makes it look like you are colluding to avoid identifying the driver even though you genuinely can't remember. If it were me, I would have looked back at the timings in question (I presume the photographs are time-stamped?) and made a judgement on who was probably driving based on the order of events that day. What time did the school open for collecting GCSE results? Presumably you went there at that time so that would rule that trip in or out for a start.

Car_54

foxy-stoat wrote: »

I dont think you can claim that you dont know who was driving - it will probably be upto the person on the lease to prove that it was not them - in driving fines/convictions the registered keeper is the one who gets stung - odd that the vehicle's registered keeper is the lease company when clearly they are not the registered keeper.

At present, no-one can be convicted of speeding - there is no evidence to identify the driver. But all three are guilty of failure to furnish.

wgl2014

Car_54 wrote: »

At present, no-one can be convicted of speeding - there is no evidence to identify the driver. But all three are guilty of failure to furnish.

Not until convicted they are not.

It would also seem unlikely that anyone other than the keeper would actually be found guilty.

The keeper has to name the driver, the other people involved just need to provide any information that they can. https://www.legislation.gov.uk/ukpga/1988/52/section/172

There is also a defence if they do not know who was driving and couldn't reasonably find out. This is not an easy defence to use though ( or else anyone who has a speeding ticket could just shrug and say 'dunno').

OP - take a look at the Pepipoo website for some examples of the steps you need to take to show due diligence in trying to figure out who was behind the wheel.

foxy-stoat

You must be able to make an educated guess as to the likely person at that time of day - if you cannot then take the wrap for the speeding.