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Confused with Speeding Ticket

13»

Comments

  • casseus
    casseus Posts: 230 Forumite
    edited 24 November 2018 at 12:26AM
    Aretnap wrote: »
    No, anyone can be sent an s172 requirement. However only the keeper of the vehicle is under an obligation to provide a name for the driver (or to show that he couldn't with reasonable diligence). A person who is not the keeper merely had to provide any information that they have which may help to identify the driver - they are under no obligation to carry out investigations or show reasonable diligence. And if their reply is "haven't the foggiest" the onus would be on the prosecution to prove that they had information that they could have disclosed but didn't. In practice this makes it rather difficult to convict someone who is not the keeper of the vehicle of a s172 offence.

    Youll find your wrong also.
    S172.

    (2)

    Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies:-
    (b)

    any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

    OP alleged them to be possible drivers, Section 2 part B is then triggered.


    (7)

    A requirement under subsection (2) may be made by written notice served by post; and where it is so made—
    .

    (a)

    it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and
    .

    (b)

    the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.
    Saying I don't know gov is not a defense they must identify. Or give valid reasons as to why he cannot, Again a I dont know who was driving defense is not a defense. This defense is rarely met at magistrates.

    If they don't ID a driver all three are guilty of failure to furnish.
  • casseus
    casseus Posts: 230 Forumite
    edited 24 November 2018 at 1:51AM
    You're wrong it's you're not your.

    The keeper for the purpose of a 172 notice is the person who has the vehicle at the time of the offence.

    Naughty naughty!.

    ANY OTHER is key piece of wording you would be prudent to check.




    (2)

    Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
    .

    (a)

    the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police [F3or the Chief Constable of the British Transport Police Force], and
    .

    (b)

    any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.


    And for your argument sake, the op nominated the other two who are potential "keepers at the time of offence".
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