speeding fine
30 June 2010, 04:40 AM
#1
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speeding fine
Hi, my partners mum was away on holiday when she received the fine, she has three people under her policy being her children which all drove her car during her time away.
It is on a route they all take so all of them are unsure who took it, obviously she could prove she was away with a flight ticket but would it just be a case of naming one of the drivers or letting them know she was on holiday and she is unsure who it was or would she get a larger fine and points on her licence?
Thanks in advance
It is on a route they all take so all of them are unsure who took it, obviously she could prove she was away with a flight ticket but would it just be a case of naming one of the drivers or letting them know she was on holiday and she is unsure who it was or would she get a larger fine and points on her licence?
Thanks in advance
30 June 2010, 07:36 AM
#3
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it quite clearly stated on the NIP i recieved a few years ago something to the effect that
you cannot "guess" who was driving the car -- you have to be sure who it was
so she would be committing an offence to say she was driving
ask the police to provide photo evidence
you cannot "guess" who was driving the car -- you have to be sure who it was
so she would be committing an offence to say she was driving
ask the police to provide photo evidence
Last edited by hodgy0_2; 30 June 2010 at 08:04 AM.
30 June 2010, 07:38 AM
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She should respond to the NIP asap. Write a letter, enlcosing proof of holiday, details of who could have been driving and to be on the safe side, a copy of her insurance document. Leave it then for the police to sort out who was driving-there should be photographs which MAY help identify the driver.
The worst thing she could do is ignore it-then she'd be prosecuted for failing to furnish driver details and would get a minimum of 6 points (punished more severely than speeding as it's seen as an attempt to dodge culpability).
She also shouldn't just accept the points because if it came to light she wasn't in the country at the time, she would beprosecuted for perverting the course of justice.
The worst thing she could do is ignore it-then she'd be prosecuted for failing to furnish driver details and would get a minimum of 6 points (punished more severely than speeding as it's seen as an attempt to dodge culpability).
She also shouldn't just accept the points because if it came to light she wasn't in the country at the time, she would beprosecuted for perverting the course of justice.
30 June 2010, 08:42 AM
#6
She should respond to the NIP asap. Write a letter, enlcosing proof of holiday, details of who could have been driving and to be on the safe side, a copy of her insurance document. Leave it then for the police to sort out who was driving-there should be photographs which MAY help identify the driver.
The worst thing she could do is ignore it-then she'd be prosecuted for failing to furnish driver details and would get a minimum of 6 points (punished more severely than speeding as it's seen as an attempt to dodge culpability).
She also shouldn't just accept the points because if it came to light she wasn't in the country at the time, she would beprosecuted for perverting the course of justice.
The worst thing she could do is ignore it-then she'd be prosecuted for failing to furnish driver details and would get a minimum of 6 points (punished more severely than speeding as it's seen as an attempt to dodge culpability).
She also shouldn't just accept the points because if it came to light she wasn't in the country at the time, she would beprosecuted for perverting the course of justice.
30 June 2010, 09:36 AM
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spot on advice - a friend of mine did similar as he and his wife genuinely didn't know which of them would have been driving - in the end it was dropped as the police couldn't establish either way.
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30 June 2010, 10:03 AM
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She should respond to the NIP asap. Write a letter, enlcosing proof of holiday, details of who could have been driving and to be on the safe side, a copy of her insurance document. Leave it then for the police to sort out who was driving-there should be photographs which MAY help identify the driver.
The worst thing she could do is ignore it-then she'd be prosecuted for failing to furnish driver details and would get a minimum of 6 points (punished more severely than speeding as it's seen as an attempt to dodge culpability).
She also shouldn't just accept the points because if it came to light she wasn't in the country at the time, she would beprosecuted for perverting the course of justice.
The worst thing she could do is ignore it-then she'd be prosecuted for failing to furnish driver details and would get a minimum of 6 points (punished more severely than speeding as it's seen as an attempt to dodge culpability).
She also shouldn't just accept the points because if it came to light she wasn't in the country at the time, she would beprosecuted for perverting the course of justice.
, saved me a job.
......would you?....i know i fekkin wouldnt!!
30 June 2010, 02:26 PM
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If they push for it, you have to have shown that you have used all reasonable means to identify the driver, not just sniffed and said it wasn't me guv.
In practice, I suspect the Police/CPS would drop it if she provided reasonable info. i.e. the names of those who "might" have been driving.
In practice, I suspect the Police/CPS would drop it if she provided reasonable info. i.e. the names of those who "might" have been driving.
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