Hi all, I received a notice of intended prosecution the other day.

Apparently I was doing 37mph in a 30mph zone :x: . "The allegation can be supported in court by technical and photographic evidence” I don’t think I was smiling :confused:, and they are asking for the name and address of the driver on the date and time specified or any other information which may lead to the identification of the driver.??? As far as I can remember I was in the Passenger seat the driver of the car at that time and place was next to me and he was test-driving the car as he was going to buy it of me, and i do not recall been flashed. :o

 

Any help or advice appreciated.

you should have got a leaflet with Q&As etc with your NIP. look for a phone number you can ring and ask for photographic evidence. i did this a few months ago when i was in a similar situation. shouldnt cost you anything.

the NIP should have the reg number of the car that was allegedly speeding - is it your car? has someone borrowed your car?

Feed them the above then see if they take it??

I read an article in MSN the other week about what you should and should not do. A ot of the advice was given by the guy, cant remember his name, who gets a lot of the footballers off etc.

 

He said, NEVER ask for a photo. If you are not supplied with ALL EVIDENCE that is to be used against you at least 7 days before your hearing quite simply none of it can be used against you, and as such there is no case to answer.

 

He did say you should get profesional help too but he was very clear about the evidence thing.

The photo can only be used as evidence if the driver can be clearly seen. If the photo also shows you in the passenger seat then it's evidence you can use in your deffence.

The law states, if you cant provide driver details, then the registered owner of the car takes the fine and points, so the above line wont work to get you off im affraid mate.

As T Pot says, if you as the registered keeper fail to supply driver details then the reg keeper gets the points/fine. And when a Gatso, as opposed to a Truvello camera takesa pic its of the rear anyway.

not sure if MSN has a web site, but if they do there may be some of the article I read, well worth reading. oh, and I think the solicitors name was Franklin

Ouch! So if i cant give the drivers details, then i get done for it :hurl: . humm i have to fill in the from which they sent me within 28 days, its asking me to fill in one of three sections, they are:

 

PART1:

"If you were the driver at the time of the alleged offence, please complete this part only"

 

PART2:

"If you were not the driver at the time of the alleged offence, please complete this section"

 

PART3:

"If you were not the keeper of owner of the vehicle at the time of the alleged offence, please complete this section"

 

They all ask for name, address, telephone number and signature.

 

It’s obviously not going to be part 1 or 3. But I can’t provide the surname, address, or telephone number of the driver.

 

So do I fill in the form at all or do I just write them a letter explaining the circumstances? Or should I give them somebody’s details from abroad?

Write a letter saying your not sure who was driving and ask to see the photo.

Try faking your own death!

You could always say you were too drunk to remember where you were at the time of the alleged offence.

I got a NIP for a car that I'd sold a month earlier. Just sent it back with a note saying. Sold the car, don't have the new keepers details. Never heard anything since... that was 4 years ago... before they changed the rulles on V5's.

The best thing I found was to send the paperwork back stating you dont know who was driving. Dont ask for the photo because if you go to court at least then you can fall back on that. The police can't use it however to identify the driver. Hope it goes OK

 

Darrell

Perhaps your car has been cloned?

As they are asking for you to admit a crime, write a response.

Reply asking for proof of calibration of the equipment, certification of training of the camera operator for the actual equipment used, and their evidence of the alleged crime.

They are obliged to supply it i believe. Hopefully this will bog them down and they'll forget it!!

If you are going to dispute it then don't fill in the form as that is an admission of guilt. Write a seperate letter putting forward your situation. I asked for a photo and I could see the driver quite clearly so if it is the case that you wern't driving then maybe it'll help you? otherwise probably best not to have it! :-) Dave

The best advice on the net for speeding notices, check out the MCN link.

 

http://www.pepipoo.com/

 

Ivan

pay a hard up student to take the points.