powerman1

My daughter thinks she may have just been caught doing 40MPH in a 30 zone and she has already got 3 points on her licence and due to the fact she only passed her test 10 months ago she will get banned...idiot i know but youth today dont listen
Question can someone else take her three points and how far do the police go into finding the driver at the time or are they happy just to take the £60 and give out the points
Factual posts please and no sarky comments would be appreciated

Trucker Ted

If she was snapped by a Gatso from the rear ,i think someone else could probably take the points,as they send the Notice of Intended Prosecution to the registered keeper of the vehicle, it is up to that person to declare who was driving at the time.If however it was taken from a van facing her,then obviously it would be slightly more risky for a male to take the rap for it.

In any event i would contest the N.I.P , its worth a go. For totally sound advice on the subject get over to the forums on

PePiPoo: Helping the motorist to get justice

That sight saved me from 3 points last year for a similar thing.

JonMc

iTrader: (51)

If she tots up to 6 points given the length of time she had her licence, it will be revoked. Not sure if it a ban as such, but she will have to re-sit a test before she gets her licence back.

JonMc

iTrader: (51)

Here's the facts for you....

The Road Traffic (New Drivers) Act 1995 : Directgov - Motoring

powerman1

she was caught by one of those vans where the copper sits inside and counts the money as the cars go past instead of catching the difficult law breakers

34srm

could someone else take the points, good idea but if you get caught your gonna be in big sh*t, and lets face it if she says she thinks she saw doing 40 that really means 50

JonMc

iTrader: (51)

Technically it illegal, but I know a few people who have done it and never even raised an eyebrow from the boys in blue

Abdabz

Suddenly the unwanted sarcasm appears by the very person who didn't want any in this thread

powerman1

Whoops

Felix.

If someone else takes the points then it will go un-contested. If anyone says anything all you have to say is that "I genuinely believed it was me driving"

powerman1

Petem95

Most of those sneaky revenue-vans seem to be catch you front-on, so I suspect she'll be looking at a ban at some point unfortunately

powerman1

I got caught with one of these and all i got was a form to sign and sent it back with my licence and the £60 fine

prince_of_tokyo

if you have foreign friends or relatives with a driving licence, you can give there details and licence number and that'll be the end of it...no points for no1...

druddle

I got caught by one of these and took it all the way with help from Pepipoo. Result - no points, no fine, case dismissed due to lack of evidence.

Fight it, you can win, but be prepared for it to take a year or so and if your daughter gets done again they will come down like a ton of bricks if she fights it and wins this time

Dave

andy97

iTrader: (1)

If you follow through with this plan of action and are found out, you both face charges of perverting the course of justice, custodial sentence!!

Since you have publicly said that you are thinking about it, beware, piggies are watching

Andy

J_sca001

Got to hand it to you Prince that's a corking good way of avoiding the ticket

Just bear in mind that this is Perverting the Course of Justice, which has a maximum sentence of life imprisonment. I've seen lots of people fall foul of this over traffic matters and most have served a prison sentence, albeit only six months or thereabouts. Good Luck

J_sca001

He's right piggies are watching!

Vans in our area do cars from the front and back so be careful! Most are staffed with civillians anyway, and all the revenue from every ticket goes into the central goverments pockets and not into the Police's pocket or road safety!!! What a bunch of robbing Bas.......... just for your info

Having said that, it has to be said that most central ticket offices just want a victim to fire points and a fine out and move on to the next victim. You have a right to see the pictures prior to any court case, so ask for them and see what they show.
Good Luck!

J_sca001

Prince! I take it back, you do indeed have a very fine scooby!!

prince_of_tokyo

thankyou m8...ive heard of people actually using this way to avoid tickets
also, there was a celebrity (cant remember who) who stated she genuinly could not remember if it was her or her husband
driving at the time of conviction...and got let off...it was the old annoying posh lady from 'im a celebrity get me outa here' me thinks

andy97

iTrader: (1)

You are talking about the Hamiltons, who famously used the SS4 defence of section 172 of the road traffic act 1988

prince_of_tokyo

THATS IT...HAMILTONS...cheers m8...it was bugging me now i couldnt rememba

andys

Hmm geting caught twice in 10 months maybe resiting the test might not be such a bad thing?

powerman1

Cant see how she can get away withit on lack of evidence if its been videod...please explain further

Felix.

If someone else says they were driving, then they will plead via the post and not see the picture. If anything does come back, then just stick to your guns and say "I thought it was me driving". It will be considered an honest mistake and not perverting the course of justice.

druddle

For me it was all around the circumstances. Front and rear photos, but the summons bundle contained the CPS' proof that they sent me the S172. The doc they said was proof was actually the one they sent to the lease company, so they couldnt prove the S172 was sent so had no evidence against me.

She may be able to get out of it on a similar sort of technicality.

Dave

andy97

iTrader: (1)

Once your daugther has reached the summons stage and has pleaded not guilty, she will be entitled to disclosure of the prosecution material. The entire video is a document which the police/cps are extremely reluctant for the defence to get hold of, to the point that cases have folded due to the non release of this (rocking horse ****) video.

Her best initial defence is to use the pace witness statement and go from there.

andy97

iTrader: (1)

The chances are remote, but there have been occasions where PtCoJ have been successful, usually when one of the parties boasts later by getting one over on the police.

J_sca001

Just abit of info for you. The NIP, or Notice of Impending Prosecution has to reach the registered keeper in 14 days. If this is not done you can state this in court and the case would be kicked out. Another time limit is the 6 month rule where the driver has to be served a summons to court in this time, if they fail to do this again it would be kicked out. However, the Police or there representative only have to prove it was left with an appropriate relative who will pass it on or that it was sent to the last known address of the driver at the time of the offence.
Looking at the posts you have been given various ways to avoid prosecution. Just bear in mind that very few people get away with avoiding the fine and points, or worse still Perverting the course of justice. The ones you have read may only have worked for that person concerned at that time. It does not mean that it will work for your daughter.

Tuts bird

How many times are you going to dig her out of trouble? After the first set of points she should have been more careful, if she knows she can get away with it who's to say it won't happen again?

Let her get on with it, lesson learned.