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Notice of Intended Prosecution - Leicestershire Police, Manned Equipment - Exceeding 40mph limit
TheFightBack
post Tue, 12 Feb 2019 - 23:21
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Hello

Background:

I was not the driver of the vehicle, my father was but he lives in Spain. His license is still registered to a UK address.
Leicestershire police have sent a letter for a Notice Of Intended Prosecution. The offence is "We have photographic evidence that shows a CAR being driven on A6 LOUGHBOROUGH ROAD on a DATE committing the offence of: Exceed 40mph speed limit in contravention of a Local Traffic Order - Manned Equipment.

Based on the pictures provided below, can I fight this?
I'm not sure if my dad gets in trouble for not changing his address on his license details if he has to supply them, hence I want to know what leeway there is to fight this on the grounds that it was a manned piece of equipment.









Appreciate any help you can provide.

Thanks

This post has been edited by TheFightBack: Wed, 13 Feb 2019 - 09:34
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post Tue, 12 Feb 2019 - 23:21
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cp8759
post Wed, 13 Feb 2019 - 00:04
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You have no basis to fight anything just because it was manned equipment, this just means it was one of those camera vans that park by the side of the road. Regardless, you must name your farther as the driver or you commit a far more serious offence.

However, as you cannot enter a non-UK address on a UK licence, there is no requirement to update your address if you move abroad. If you give his address in Spain, chances are they will not take things further. They may however ask for proof of insurance which you will need to provide upon request.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Logician
post Wed, 13 Feb 2019 - 00:49
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Provided your father can still be contacted via the UK address, that is OK.

If he is on your insurance, there is no problem, give his Spanish address and the speeding may be dropped. If he is not on your insurance, he is probably not insured to drive your UK car, any insurance he has in Spain will not cover him. In that case give his UK address and the insurance will probably not be investigated, but he will be done for the speeding.

You have left your name visible on the NIP, you should remove it.


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TheFightBack
post Wed, 13 Feb 2019 - 08:16
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Thanks Logician I've edited my Original post to remove my details

He is insured on my car, I added him on when he came to visit.

I'll give his Spanish address and show proof of insurance if requested and see how it goes from there.

Thanks both
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Irksome
post Wed, 13 Feb 2019 - 08:27
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You've left the notice number on the images ... by now Google has indexed this thread.
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Churchmouse
post Wed, 13 Feb 2019 - 20:12
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The "foreign relative" thing--regardless of truth--is likely to raise eyebrows, so you should expect the police to ask additional questions. Requesting proof of insurance is one, as is requesting proof of travel details. A person outside of the UK has a certain degree of insulation from UK traffic law prosecutions, but a UK RK does not. (For example, the insurance requirement is two-fold: the driver needs insurance to drive in the UK, of course, but the person allowing the driver to drive the vehicle can also be prosecuted for "permitting" someone to drive without insurance.)

--Churchmouse
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cp8759
post Wed, 13 Feb 2019 - 23:00
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QUOTE (Churchmouse @ Wed, 13 Feb 2019 - 20:12) *
The "foreign relative" thing--regardless of truth--is likely to raise eyebrows, so you should expect the police to ask additional questions. Requesting proof of insurance is one, as is requesting proof of travel details. A person outside of the UK has a certain degree of insulation from UK traffic law prosecutions, but a UK RK does not. (For example, the insurance requirement is two-fold: the driver needs insurance to drive in the UK, of course, but the person allowing the driver to drive the vehicle can also be prosecuted for "permitting" someone to drive without insurance.)

--Churchmouse

From the OP's account, proof of insurance can be provided so this should not be an issue.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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TheFightBack
post Wed, 13 Feb 2019 - 23:30
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I've got all the necessary details to prove he was insured and travel documents proving he was in the country so I'm covered on that front
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