Speeding Ticket Please Help!!!

[s.aryan]

Hello everybody hope u all r fine n doin well, i got a big problem ovahere which i dont know how to sort out...let me explain it you guys in detail...

 

09/05/2008 as u can see the date mentioned the offence occured and i received the NIP on 17/05/2008.(south yorkshire police)

 

Location : A629 wortley road near bradgate lane, Rotherham.

 

Alleged Offence Exceed 30mph (camera) speed detected was 35mph.

 

i gave my car to one of my friend as he sed he wanted to go sheffield...well when i recieved the NIP i contacted my frend as he agreed and i gave his details...i replied to the police with his name couple of week later i recieved a letter from police saying.

 

***A notice of intended prosectuion was issued to you on 16 may 2008 as registered keeper of the vehicle in question. You replied naming the driver as **** ***** Attempts to contact Mr ***** at the address provided proved negative.(Now i tried to contact my frend at his place but cudnt get hold of him as i spoke to him over the phone and he sed yeh he took the car for that day but his cousin was driving at that time when the camera flashed i asked him to provide me with his details....

 

i received the letter i gave the other person details and recently on 23 sept 2008 i received another letter sayin that in further correspondence you named the driver as **** ***** however he states he has not been to yorkshire in the last 3 years.

 

i now require you to check your records and provide correct drivers details together with supporting evidence and a copy of the relevant insurance covering their use of your vehicle at the time in question...

 

Now i dont understand the fact i tried my level best to furnish all the right details i am tryin to contact my frend as i went to his place and he left for holidays God knows when hes gona be bak his fones are off... i dont know wot to do..

 

Under section 172 of the road traffic act 1988 you are requested to supply the information requested above on conviction for failure to supply the information the penalty is similiar to that for the alleged office itself Eg: both fine and penalty points (( as under the act i have provided the information to identify the other driver but to no avail they still not satisfied?) what shall i do? any advice from seniors!!!!

 

 

many thanks

[dx100uk]

yep.

don't lend your car to a mate who lends it to his mate, esp as he has no insurance to drive it anyhow? way to go........

 

dx

[patdavies]

OK.

 

AIUI, you loaned your car to a mate, who subsequently leant it on. When you received the original NIP/S.172, you named your 'mate'

 

You have supplied details, to the best of your knowledge, of the driver (and definitely the temporary keeper). You can do no more and I cannot see how any prosecution for failing to provide can possibly succeed.

 

You cannot be prosecuted simply because the Police are unable to contact your mate - just because he has gone on holiday.

 

Simply write back and re-iterate the facts as you know them. Do not get into discussions. Point out that you have no duty in law to know who is driving your vehicle at all times and that you have provided them with details for the temporary keeper.

 

You are not required to prove anything to the Police (only to a Court). As to insurance, they may push for a 'permitting' charge if they can prove that you did not satisfy yourself that your mate was insured to drive the car. This does not mean that you needed to see an insurance certificate, only that you made his having adequate insurance a condition of the loan of the car.

 

It would really help, if you could prove that you could not have been driving at that place and time - but not essential. That should be all the supporting evidence you supply, if you have it.

 

When you write, please use English and not text-speak

Edited October 6, 2008 by patdavies

[patdavies]

yep.

don't lend your car to a mate who lends it to his mate, esp as he has no insurance to drive it anyhow? way to go........

 

dx

 

Pure supposition. You cannot know that he was uninsured.

[s.aryan]

many thanks patdavies,your response and help is much appreciated!!!

[s.aryan]

Hello everyone,

 

Their is an update on my case,when i recieved my NIP 3rd time,i wrote to yorkshire police about the photographic evidence if they can send it, as i am unable to identify who was driving the car on that particular day,i posted them this letter

 

 

 

Date 06/10/2008

Safety Camera Partnership, South Yorkshire Police

P.O.Box 3289, Sheffield S9 2WQ

 

Dear Sir

NOTICE OF INTENDED PROSECUTION NO : **********

 

With reference to the above notice number, I would be grateful if you could supply me with any photographic evidence of the alleged offence so that I may identify the driver.

 

On the day specified, there was more than one driver of the vehicle and unfortunately we are unable to come to any definitive conclusions as to who the driver was.

 

I look forward to receiving the photographs at your earliest convenience and should there be any problem with this I would appreciate your prompt response.

 

Kind Regards

*********

 

And today i received ths summon on my name,gr8...i really dont know wot to do at the moment if anyone can advice me as their are three options

 

Plead guilty by post,plead guilty in court or not plead guilty.

ofcourse it wasnt me as i was not driving the car one of my friend took the car of me!!

the letter says as such,

 

between 15/05/2008 and 13/06/2008 at sheffiled,having been required by or on behalf of the chief officer of police for south yorkshire. failed to give information realating to the identification of the driver of a vehicle namely Bmw vrm ******* who was alleged to have been guilty of an offence contrary to section 172(3) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988

[This offence carries a penalty points.

 

What the hell they on about when they send the NIP i gave in the drivers details well they cant find him or wotever reason, under the act i furnished them with the details,just wondering how can they say that i failed to give dem the information!!!

 

 

PLEASE HELP!!!

Edited October 23, 2008 by s.aryan