I have no problem with the fact that the car was exceeding the 30mph limit & that the fine is valid.
However as we're not certain who was behind the wheel at that exact time and the fact that my wife was given 3 points a couple of years ago under similar circumstances I told them I'll 'take the rap' so to speak.
They said they don't mind as long as it's paid. Why then are they taking Chris Hume? & his wife to court?
Because he is not understanding the law, or is just plain bad at his job.Originally Posted by tinker
In accordance with Section 172 of the Road Traffic Act 1988, the "person keeping the vehicle" is obliged to supply the identity of the driver or any other person can be asked to give information if it is "in his power to give and may lead to the identification of the driver". In reality, a Notice of Intended Prosecution (NIP) will normally be served on the registered keeper whose details are supplied by the DVLA. If the keeper then identifies another person as either the driver or having the information to supply the driver's identity, that obligation can be passed to that individual
Your legal obligation is to identify the driver, the assumption being that you know who was driving the vehicle at all times. If you cannot be sure, then the Police have the option to prosecute for failing to identify the driver. If there is a genuine reason why you cannot provide this information (and you may have an entirely justifiable explanation), then you should advise the Police accordingly. If there has been no attempt on your part to with–hold information deliberately or negligently, you may have a defence. However, such circumstances are rare and it would be prudent to seek legal advice before returning the Notice of Intended Prosecution.
If you are still unable to provide information to the Police, you should expect to end up in Court as the Police are now very likely to prosecute for failing to identify the driver and whilst they will say that there is no justified defence, the Courts have not always agreed. Before declaring that you cannot identify the driver, ask to see the Police photos, which whilst used by the prosecution to identify the vehicle only, it may actually assist you in identifying the driver.
Actually, they would have to provide you with the time this happened, then you would be obliged to tell them who was driving the car.
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Stephen
That will be on the Notice of Intended Prosecution
If you do not reply to the NIP within 28 day's giving the req'd info. ie. the driver detail,s you will leave yourself wide open to a fail to furnish charge carring six points and a fine of upto £1000,
Good luck,
T.
You could be right Warkman. I am far from an expert on this as I do no drive. I know you can, if you say there is a conflict as to who was driving, ask for details to clarify.
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Stephen
Well on Sunday I had a nice drive out to North Waes via the M56 and A55. Saw friends who are there for a short break and after a nice evening drove home about 11.30pm Only three other cars were on the road for the first 40 miles - two were police cars.
I was doing over 70 mph when the first police car overtook at considerable speed. Ten minutes later I spotted blue lights flashing and another police car sped past and didn't bother about my 75mph.
I guess they had other more pressing issues to attend too. Although I couldn't help thinking that the first police car was out having a bit of fun - obviously practicing his chasing skills at 100mph plus as the road was empty.
I think there are a few rules around. The magistrates rules, speed camera rules and the police rules which are very flexible depending on how good a day they've had.
The bigger question is why were YOU exceeding the speed limit when you know the absolute maximum speed limit in this country is 70MPH.
As you say, the raod was clear and there is no reason whatsoever to exceed the speed limit.
True. I reckon many drivers get pinched for speeding when there's nothing on the road - especially via speed cameras. After a while 70mph seems slow and 85mph doesn't feel fast. It's a shame we don't have German autobahns here. LOL
Do not try this at home
http://www.gettingaroundgermany.info/autobahn.shtml
This is why I always go for cruise control, it stops the speed creeping up.
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