Driver cannot be identified

[patejpf]

Hi all - I was hoping that someone could help me with an issue I have with a mobile speeding ticket I recieved in the post a few weeks ago.

 

My car is currently shared amongst three other drivers at the same address and therefore have no idea who the driver was. I called up the 'traffic criminal Justice Operational Command Unit' and asked if they could identify if it was male/female to narrow down the possibilities. The centre told me that the glare on the windscreen means you cant even tell how many people are in the car, let alone what the driver looks like.

 

I have asked each driver and no one will commit !

 

What options do I have at this point?

 

Thansk

[cirian75]

IRC.

 

In these cases they will do the owner.

 

could be wrong though.

[patejpf]

Even if the driver cant be identified from the picture? I plan to write to them to carfeully set out of the steps I have taken to try to determine identity and request the picture myself - fingers crossed.

[lamma]

you must reply within the deadlines or you will get nailed for 6 points and a big fine. I take it you are sure it was not you ? If so then you were not the keeper at the time and have a statutory S.172 defense if you give the 'information which is your power to give'. However the SCPs and the courts hate this and may come down hard and you may also need to present 'reasonable diligence'. This needs good documentation of all the steps you took to identify the driver. It may well go down to the wire in court. You need to research S.172 and the statutory defences plus take appropriate action within the deadline. You are sure it wasn't you driving ? can you unequivocally show that to the court with hard evidence ?

[patejpf]

Unfortunatley I cannot provide unequivocal eqvidence that this was not me driving at the time of the incident.

I have listed the steps I have taken to identify the driver (analysed drivers, times an routes to try to determine who was driving).

I have also requested that they provide photographic evidence so that I can try to spot the driver from this.

 

Re: Timing - I have been out fo the country but was made aware of the offence (parents openned my mail) and called the enforcement office ahead of the dealine to explain the situation. I have been given a seven day reminder which I a still in).

Are you suggesting its a logn shot saying I dont know who the diver was and likely I would be slapped with a bigger fine and more points?

 

Thanks

[green_and_mean]

Is this a company vehicle and what are the arrangements for others using the vehicle?

[patejpf]

Its my own personal vehicle with mainly family using it. Two sets of keys are in a common place at home and any of the drivers in the home can use the vehicle (I am often out of the country and therefore let others use it).........

[lamma]

phone records, bank statements, diaries, shopping receipts. the full effort required. you may have to name all the possible drivers - giving all the required information for each one. do some serious research on S172 defences as this could bite you in the rear. The courts take a dim view of not being able to identify even when its valid. And if you don't prepare properly and fully you are looking at a likely 6 points and a hefty penalty plus court costs. To make it worse you should not knowing make reckless statements in your response such as picking someone at random.

[patejpf]

Oh - I ddidnt realise detail woukld be needed to this extent. TYhanks alot for the heads up. I will see what I can prove this evening.

 

Hopefully youn dont mind me asking you another question. Following my call with the Operational Command Unit (unti which issued the notice) I went to the pt in the road where the picture was taken. the only way it could have been taken wiould have been if the camera van has been opklaced in the cen tre of the road - parked on the hatches between the two lanes. Is this legal? I thought they would haveto position the vehicle in a safe place ?

[barrybarry]

I presume you have probably tried this, but I would like to suggest you take the heart to heart route and just ask the other drivers to think carefully, and if they do speed then to just admit it.

 

Family is family I know, but do you want 6 points if one of them is hiding something?

[patejpf]

Good to try the hard ball apraoch and see if it reaps any rewards!

Any advice on the location odf the enfoprcement vehicle?

 

thanks for your help BTW

[lamma]

they can and do park about anywhere. you have no mileage in that aspect. you REALLY do need to some heavy research on S.172 defences and what is required. google "s172 defence" and get at it.

[green_and_mean]

If it was as simple as saying I don't know who was driving everyone would just say that.

[patejpf]

Its not just that everyone would say this - the picture was taken from the front o fthe vehcile so they should be able to assit me identify the driver - but the picture is bnot clear enough to do so. I know the driver was not me and there is potential to prove it (I hope).

[lamma]

you still do not get the point. proving it was not you does not assist you in providing the information required by S.172. Please do the research !

[crem]

patejpf, if you do not respond to the s172 within the allotted time, the penalty on you for not doing so is far greater than the speeding fine itself.

 

Please do not take an s172 letter likely and make sure you send a reply in, even if at this stage it means you list every driver that had access to your vehicle at the time.

[Azazal23]

Hi

 

I am haveing exactly the same problem at the moment, how did you get on