blueE9

having had my first thru in the new motor, after a quick scrape with a bloke on a VFR, tell me what you think of the following. Superbike mag tells me that if you fill in the summons thingy but don't sign it then it's inadmissable as evidence and has to be thrown out- hence no points. there's no legal obligation to sign the form at present altho this loophole is being closed. very sorry if you've all trawled over this one already but it's kind of relevant to my licence so i'm intending to give it a whirl.

:Mike:

Apparently at the moment that is the case - have heard it from several different sources. From memory though it only applies in cases where you are asked to confirm the driver at the time. If they can see your mug in the photo you're stuffed (unless you have a twin )
I'm guessing there will be a change in legislation to close that loop-hole soon though.

Nick1

This is true at present, so don't sign it and send it back

My cousins friend did better, he got his face copyrighted and then when a photo was taken from the front he threatened to prosecute them from copyright breach for taking his picture without authorisation and the case was dropped

DannyBoyTurbo

I did'nt sign mine but got a letter sent back to me with a new form to fill in asking me to sign it this time.

Dunno what to do now?

Sparky1066

Sounds like they really want you to sign it, so don't. I like the copyright idea, is that really true?

:Mike:

"I did'nt sign mine but got a letter sent back to me with a new form to fill in asking me to sign it this time.

Dunno what to do now? "

Are they ASKING you to sign it, or are you REQUIRED to sign it?
It's a big difference as far as the law in concerned.

SCOOBY TOWERS

iTrader: (7)

They'll be asking !
How can they make you sign it ?
That would be a forced confession.

Leslie

Do the same as before Dannyboy

blueE9

if they're asking you to sign sounds to me like they know they're a bit stuffed or 10 to 1 they would have told you you MUST sign legally. Anyway thanks for the help. I'm going to give it a go and i'll let you know what happens.

JayTee

My car was photo'ed on the same day as my car was in at a garage for repairs, I sent form back without signing & asked for photo evidence to prove wether it was me or someone from the garage.... I then moved house (not just for the fine ofcourse its not that drastic) & didn't inform DVLA. But a nice police officer turned up at my new address with in 2 weeks, after knocking at all my neighbours doors to find me. He then went on to inform me that even thou I am not shown in the photo they could prosicute for failure to disclose driver, which would also be 3 points & a fixed penalty. so he took a statement which i had to sign, I have just had a letter thru sayin Ive now got to go to court.... so be careful not to **** them off too much.

The officer did point out however that the only real chance of gettin off with it is if the car is a company car & the MD of the company is prepared to give a police statement that the car can be used by various employees, & that he has interviewed each of these and has done ALL in his power to identify the driver. however if there is any doubt he then will get charged......

Good Luck...

blueE9

JayTee

thanks for that but you don't need to deny that it was you driving/say that you can't remember who was at the wheel (altho I'd heard of that one too, and as it happens you can't see me in the photies) but simply say that it was you but don't sign the form. Sounds strange i know, but the mag wrote to the DVLA and the police and anyone else they could think of and everyone passed it back with a "no comment at present" suggesting there's a bit of fire behind the smoke.

I'm impressed that you moved house - was that on the cards for a while or were you just really desperate!!

speedking

But say you signed it using your name but a completely different signature. Are you legally only allowed to have one signature? How could anyone prove that you had used a 'false' signature? Then in court you say it's obviously not your signature.

Can't see that 'signing' or not makes any difference legally

JayTee

Unfortnately the police officer made me make an offical statement which I had to sign, to avoid being prosicuted for not identifying the driver, "ie, I dont know who was driving officer" the best part is that the garage said we didnt drive your car up that road, even thou I hadn't told them where it was....

I was moving anyway plus I was selling the car so thort they'd never find me...

The other trouble is on the photo's the whole of the front is smashed (thanks to a nice 70 year old lady pulling off her drive) & was actually un-road worthy. so the officer advised me to admit it sayin that if it went to court they may also try to get me for driving an un-roadworthy vehicle, so just get a fixed penalty.
Now it goin to court anyway..... so we'll have to see what happens

Put a Post up If You Get Away with it!!!!

[Edited by JayTee - 4/30/2003 1:54:34 PM]

john_s

iTrader: (1)

Refering back to the comment earlier about co. cars... i've heard of companies being fined for not knowing who was driving. ISTR £1000 was the figure mentioned.

John.

Nick1

Sparky1066 I have been told the copyright is true from a reliable source

Martyn Tonks

Who owns the car? If the letter was addressed to you then I assume that you are the registered owner, in which case unless you reported the car stolen you have 2 choices 1) Name the person who was driving at the time, or 2) As the registered owner you are responsible for the ticket and face the consequences. THERE IS NO ESCAPE BELIEVE ME! As a company owner all of my fleet are registered in the company name, if any of my employees get caught for speeding, as the company owner I either supply the drivers name, or I am in court and take the fall, you are in the same position I am afraid as the cars registered owner, signature or not.