Notice of impending prosecution - speeding

Car_54

dave23 said:

I think I will start by contacting them on Monday. helpfully the phone line is open 9am to 12pm Monday to Friday. We do have CCTV at work but not sure if it covers the carpark

Just ask them to check the number plate again. The most likely explanation is a mis-read.

ontheroad1970

diystarter7 said:

dave23 said:

Do I need to fill the form in return it? Difficult to prove my car was in the carpark but I am sure my boss will confirm I was in work that day. Even if my plate has been cloned it wont be the same model and colour will it

They may confirm via  APNR camera so you need to ask what evidence they want but repsond to their contacts.

You never use the word evidence in these conversations.  You are not entitled to it at this stage.  

It could be a cloned plate, in which case, the police/camera partnership will ask for pictures of your car.  It's more likely to be a plate misread.  It would be a good idea to call the number on the NIP and query it over the phone so you can check if it's a misread.  If in doubt, fill in the form and send back. Asking for photos to help identify the driver is often a way to check if it's the correct car, but a phone call initially might clear things up.

diystarter7

Not sure what you are say.

[Deleted User]

If you hand an Android phone with location history turned on it will at least show you were in work at the time and so not driving.

thebullsback

Sadly the Burden of proof is on YOU to prove your innocence in the Great money Generating Speeding Scam. Ask for all evidence they hold that they are relying on and hope their are some pictures to prove it was not you and don't expect them to just roll over on this.
Good Luck

NBLondon

Mr.Generous said:

dave23 said:

Do I need to fill the form in return it? Difficult to prove my car was in the carpark but I am sure my boss will confirm I was in work that day. Even if my plate has been cloned it wont be the same model and colour will it

Yes probably. If I wanted false plates for any car I'd look up the same make & model on autotrader and copy a reg. That way if an ANPR police car passes you, the 2018 silver ford focus you were illegally driving would come up as a 2018 silver ford focus and not a 2017 Fiat 500.

However a photo of the rear of 2 similar cars may well show some subtle differences.

When my car was cloned last year - the dingbats used the wrong colour car so I was easily able to disprove it and dismiss a couple of traffic offences.

I'd say that dave32 must respond but declare it was not his vehicle and ask for their proof.  If there's a photo of the offending vehicle then that may give a clue as to whether it's a misread or a clone.

TooManyPoints

Sadly the Burden of proof is on YOU to prove your innocence in the Great money Generating Speeding Scam.

Thankfully it isn't. If a speeding allegation is defended on the basis that the car alleged to have been involved was not being kept by the person to whom a s172 notice (request for driver's details) was addressed, the burden rests with the prosecution to prove that it was, not with the defendant to prove that it wasn't.

What you could do, before you respond, is to ask for "photographs to help identify the driver. They will usually supply them and they rarely help with driver identification. But they may help with the identification of the vehicle. If that is not conclusive, the way to approach this is to contact the ticket office to ask if they would re-examine the images to see if there has been a plate mis-read or some other error. If they refuse to do so, or say there has not been an error, then the s172 notice must be returned, as suggested by Aretnap, with a note saying that nothing is known of the offending vehicle being in that place at that time. A prosecution under s172 is likely to follow.

Ask for all evidence they hold that they are relying on and hope their are some pictures to prove it was not you and don't expect them to just roll over on this.

If it reaches prosecution stage they are unlikely to roll over. When that prosecution is launched you will be served with the evidence the police intend to rely on to convict you (of failing to provide driver's details - the speeding allegation is a dead duck as they do not know who was driving). It is at that stage that that evidence can be examined properly and hopefully it will be easy to demonstrate that the vehicle in the images was not yours. 

ontheroad1970

diystarter7 said:

Not sure what you are say.

Advice is generally never to use the evidence word, as that isn't something you are entitled to until you plead not guilty.  It can in theory be seen to be saying that you are not interested in a course or fixed penalty but wish to take it to court.  

TooManyPoints

Advice is generally never to use the evidence word, as that isn't something you are entitled to until you plead not guilty. 

That isn't quite correct. When a defendant is advised that proceedings have begun (and in this case it would be by means of a "Single Justice Procedure Notice") he must be served with the "Initial Details of the Prosecution Case". This is basically the evidence the prosecution intends to rely on to convict him. He is entitled to this before he enters a plea. 

dave23

I phoned the number on the letter  this morning and after confirming all my details they said it was a miss-read. I don't have to return the S172 and they will write to confirm this. Thanks to those who responded