caught by static speed camera

[grebow]

My wifes car has been caught doing over 30 mph by a static van witing around a corner on a main road. We are both insured on the car and we are not sure who was driving on the day it was pictured.

 

We wrote off asking for the photograph so that we could admit who it was who was driving. When we received the photo it showed the car but the windscreen was totally black and we could not see who was driving at the time. We sent a few letters back and forward to say that we werent sure and if they had any other photos and then heard nothing until a few months later when we received a letter asking us to attend court. The next we heard we had been tried in our absence and both fined £800 and 6 points each on our license for failing to provide information relating to a traffic offence. We forgot about the court case and it was a few days after we got back off holiday.

 

We have appealed the fine and have to attend crown court on 20th December.

 

Can anybody give me any advice as to how to present my case or if there are any ways i can get this reduced. If we knew who was driving then we would have admitted it straight away and taken the 3 points and fine so we were really shocked to hear of the fine and points for us both. We both already had 3 points each so we are now 3 points away from a ban.

 

Any help would be appreciated.

[green_and_mean]

Hw did you get 6 points each surely only one person can fail to respond to the s 172 notice?

[grebow]

We both responded asking for the evidence to be sent to us. We told them that we didnt know who was driving. They asked us for th einformation on who else could have possibly been driving. I gave them my wifes details, my wife gave them my details. They sent us both letters and we both asked for the photo. We have given them all of the evidence they asked for yet they have given us the fine and points for both not supplying the evidence of who was driving.

[green_and_mean]

Did you both give both names as possible drivers in your responses or state it was the other person?

[grebow]

We both said that we could have been the drivers and it was definitely one of us but we didnt know which one hence asking for the evidence photo.

[DesignTime]

Hi,

 

Had exactly the situation as you. Ours was one of the inferred catso's that don't flash.

 

1. You have written and asked for a photo. write plenty of letters as these are essential in court and phone them as well.

2. You write again and explain that you cant identify the driver do they have a better quality picture.

3 . You fill out the notice with both names.

4. You will need proof of what you were doing on the day. (most important) Bank and Credit card statements. and printouts of diary's to prove you have exhausted every possible avenue to discover who was driving.

5. You will not be prosecuted for speeding, but you will done for failing to provide a named driver hence the big points and fine.

 

We were lucky because it was also leased car, so the notification took 6 weeks to get to us!

 

The letters they send are really really scary and you have to make a tuff decision. Is it worth the SIX Points to registered keeper and up to 1,000 pound fine or a possible driving ban if you lose?

 

It was a tuffie for us! As we were both genuinely did not know who was driving.

 

I just read your post again I think you may of have stuffed yourself for not attending the court!

 

We went to court and won. They looked at all the evidence we provided and was the most important bit.

 

I was that worried I did go phone a motordefense ltd solicitor cost me £90.00 for the above information!

 

 

I just read your post again and you may of stuffed yourself by not attending court!

I think unless you have some sort of death in the family or you were both admitted to a metal hospital and could not attend court as day release was not an option!

 

Good Luck you are going to need it

 

Ps. The points and fine were all in paperwork they sent you.

Edited December 2, 2010 by DesignTime
Read your post again

[green_and_mean]

Your only defence would be that you showed 'diligence' as required by s172 RTA 1988 and that you are therefore not guilty. However I'm not sure how you can appeal just because yo failed to turn up what is the actual Crown Court case dealing with, are you appealing the level of fine or the verdict?

[grebow]

We are appealing the sentence and the fine. We agree that it was totally our fault to miss the court date but we think that the fine that they have given to us is extremely harsh given that we had complied with all of the letters that they had sent to us and gave them all of the information that they requested.

 

The exact same thing happened a few months later where they changed the speed limit on a dual carriageway that we drive along all the time from 70 to 50 and then put static vans on there everyday. We wrote to them and asked for the photo and it was my wife so she paid the fine and had the points no problem. If the photo is inconclusive and we give them all the evidence that we can how can they impose such a fine and so many points to us both?

[DesignTime]

The paper work they sent you would of explained the 6 points and the big fine how could you miss that!

 

They even give a a chance to change the date of the court case encase of any Hols or unavoidable dates!

 

You need good reason for not attending the court case. The fact you were away on holiday will not swing it!

[grebow]

I know that it is totally our fault that we missed the court case. We totally forgot about it until we got the letter through telling us of the fines. I know that we cannot use the excuse that we were on holiday. Perhaps we thought that we had complied with them enough and put it out of our mind, I dont know. I am asking for any advice that might help me, I feel daft enough by getting the points and fine I do not really need to be told that the letter tells me what I had been done for.

 

Just looking for a little help thats all.

[DesignTime]

We are appealing the sentence and the fine. We agree that it was totally our fault to miss the court date but we think that the fine that they have given to us is extremely harsh given that we had complied with all of the letters that they had sent to us and gave them all of the information that they requested.

 

The exact same thing happened a few months later where they changed the speed limit on a dual carriageway that we drive along all the time from 70 to 50 and then put static vans on there everyday. We wrote to them and asked for the photo and it was my wife so she paid the fine and had the points no problem. If the photo is inconclusive and we give them all the evidence that we can how can they impose such a fine and so many points to us both?

 

The points and fine are not for seeding! They are for failing to give the name of the driver!

 

If it was under 40 mph they probably would of offered you speed school and £80.00 fine no points.

 

This will be a mega hard case only option is go and see a specialist motor defense solicitor for advice.

[grebow]

We have both been done for speeding from static vans and have not been offered any speed school or fines, we know of people who have so im not sure if they pick and choose who they offer it to or not. We have phoned a solicitor who says it will probably cost at least £1,000 for them to represent us and take the case on. We cannot afford the fines nevermind paying a solicitor to look at the case.

[DesignTime]

WOW!

 

I do feel for you.

 

You might have to use the holiday and be honest and plead poverty.

 

I think you will struggle to get anything from them.

 

If you have a mobile or outlook make sure you put all your important dates as events so you don't forget them!

[grebow]

well it seem slike it might be an expensive mistake because if my wife gets banned she loses her job because she works an hours drive away from home. If i get banned then I will not be able to look for a job because i am not currently working. Seems like we have made a major mistake here and wer enot going to be able to get out of it!!