mplaczek

Hi,

Quick question.

I have a friend at work that received a note through the door. They were caught speeding 36 in a 30 zone.

He can't remember whether it was his wife or himself driving (conveniently) and was worried that both of them may be penalized etc.

It is not something that I have ever had to look into, but I assume they can't penalize someone if they can't prove who it was. From memory, there have been many posts in the past about speeding... I know there was a website he should check about speeding... any thoughts??

Thanks

SJ_Skyline

Visit PePiPoo: Helping the motorist to get justice

If they don't disclose the driver then the buck stops with the owner of the vehicle IIRC.

+Doc+

Ask for photographic evidence, soon tell who was driving.
If you can find a relative that has just emigrated like half the prem footballers do, easy way out of a fine.

wrx-kris

PePiPoo: Helping the motorist to get justice = crap, unless you have not opened the letter.

L33_WRX

if either of you've not been busted within the last 3 years, for anything under 40 in a 30 zone means you can attend a Speed Workshop - no fine and no points that way

The Snug Rhino

you should know who was driving...its your car, you should know.

however......i didnt know so sent the letter back (SIGNED) stating i didnt know - they wrote back saying you should know so tell us - i wrote back saying i was happy to say it was me and take the points but as i wasnt 100% sure (and would therefore be lying when i said "it was me" on the form) could they first confirm to me (in writing) that to "potentially lie" on the form was ok in order to facilitate the process..........they decided they did not want to say "lie, its fine" so they said they had dropped it.

should add.....i really had no idea so my communications with them were completely genuine.

douglasb

Not quite true.

Not all police forces offer this course, however you are correct in that under 40 in a 30 means that if the local force run this course it may be offered.

Also not correct about no fine and no points. The fine remains the same, there is a cost for the speed workshop, but there are no points if you are offered and take this option.

The Snug Rhino

Thames Valley speed course cost MORE than the points.

andy97

iTrader: (1)

Section 172 subsection 4 is your defence.

(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

You have to show reasonable diligence to the court (if it gets that far). That means asking for photos to help in identifying the driver, checking receipts from petrol stations on route, even asking the petrol station or shopping mall to see if they have video of your car. This all looks good in the magistrates

After that there isnt much else you can do.

Andy

The Snug Rhino

no but its a VERY weak defense if they push it - "i dont know who was in my car" is NOT as simple as that.

fatherpierre

Indeed it is.

But, magistrates see this day in day out and are usually on the side of law and order............

That defense rarely works IF it gets to court.

You'd get double the points, a cheeky fine and court costs too.

If that section of the RTA was seen as a loophole it would have been changed, or be undergoing tweaks.

Jay m A

iTrader: (2)

Yep its section 4 you need. On Pepipoo there is a thread worth reading that gives you all the relevent information - if this route applies to your situation