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wheelergeezer

Speeding - request for evidence......

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Depends on how she was allegedly caught; I presume by camera rather than PC.

 

There is no right to any evidence prior to a not guilty plea at court. However, had she written and asked for the photographs "to help identify the driver" they should have sent copies.

 

She should now write again, via signed for delivery, asking for this information; also include the details for both possible drivers. She can rely on S.172 (7)(b) at this time.

 

(7) A requirement under subsection (2) may be made by written notice served by post; and where it is so made— (a)

it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and

 

(b)

the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

 

If she genuinely cannot recall who was driving at the time, then s.172 (4) is her 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.
However, she will have to convince the court of reasonable diligence (checking parking tickets, diaries, petrol receipts, some people have been known to produce evidence of asking garages for CCTV to see who got into the driver's side when a journey was shared, etc.). The Police are not helping their case in front of the Magistrates by refusing to assist her in this - such refusal should be emphaisied in any defence.

 

The speeding charge cannot proceed without the s.172 being completed and signed

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I think my advice stands.

 

She has made it clear in her letter that although asking for 'evidence', she requires the information to help her identify the driver.

 

Write to them once again and include the details of the possible drivers; also undertake the reasonable diligence required.

 

If, on receipt of the information from them, she can identify the driver, then she should complete the s.172 regardless of the 28 days limit and rely on s.172 (7)(b) above. She can then tell the court, in her defence, that she provided the information as soon as she was able to do so (i.e. reasonably practical).

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