police speeding fine

[mightymouse_69]

But time is not on your side. You have to get this done before the deadline.

[mightymouse_69]

For the benefit of Dragon Keeper:

 

When a someone is caught speeding (by a speed camera for instance), the registered keeper of the vehicle in question is sent a form asking them to identify the driver at the time of the offence. (a section 172 request.)

 

There are three options - 1) They were the driver, 2) They were not the driver, in which case, they must state who was driving and 3) they were not the registered keeper of the vehicle at the time of the offence.

 

In scenario 2, the person to whom the driver identification request is sent to is expected state who was driving. In the case of a hire car, the company would pass on the details of the person who had use of the vehicle at that time.

 

Where most confusion occurs is when the car is owned by a private individual but is used by other people - for example a family car driven by the wife, son and daughter. Failing to identify the driver is an offence and it is expected that one would be able to ascertain who the driver was. In such a case, the person to whom the S.172 was sent would have to name the driver (after interrogating the family) or, as a last resort, offer a list of possible drivers.

 

One may request photos in order to aid identification. However the police are under no obligation to send them.

 

After this, the police may decide to drop the case or investigate further to see if they can find out who was driving.

 

Who pays in the end? As Lamma said, whoever is prosecuted successfully! It may be that they never get to the bottom as to who was driving!

 

If I had borrowed a vehicle and did not realise I had been speeding, I would hope that when the offence came to light as it has done. I would like to know from the person I borrowed the vehicle from to tell me so that I could deal with the offence, ie: present me with speeding ticket (figure or speech) by means of putting my name down as the driver.

(I must remember to write complete explanations in the future)

 

In this event, your friend would inform the police that he was not driving. He would give them your details. They would then contact you.

[mightymouse_69]

That is all you need. ask them for a copy of the photo they have. If they dont provide it then they are very shaky ground as your direct defence would be that you were not provided with a picture when asked so you cannot identify the driver. However if they send you a photo and the picture is from the back then you need to ask them to send you a picture of the driver. In which case they cant and they are stumped.

 

Not having a picture from the camera is not a defence per se.

 

The standard reply seems to be that the picture is merely to record the offending vehicle and not for driver identification. Since this is a summary case, advanced disclosure is not required either, so any documentary evidence the police (or safety camera partnership) may have would be to aid the prosecution case and nothing else.

 

However, should the police not provide a picture (or as you say, provide one showing the back of the car), one would be left with the option of just providing the details of possible drivers. It would then be up to the police to make the next move.

 

Further to this, the front facing cameras (truvelo) do take pictures which usually show the driver. Despite this, the police do not have to disclose them.

 

It is still worth asking for the picture however - if you believe it will help driver identification.

[mightymouse_69]

Your next step would be to try your best to ascertain who was driving. You need to try your best to get this info.

 

If you cannot, then send the police a list of possible drivers. They will take it from there - They may take no further action or charge you for not complying with the 172 request. If they take the latter action, you would have to show that you:

 

...did not know and could not with reasonable diligence have ascertained who the driver of the vehicle or, as the case may be, the rider of the cycle was.

 

Road Traffic Act 1988 s.172(3)

 

Beware - if you are found guilty of this offence, the penalty is higher.