Speeding and Failing to identify driver, Speeding and Failing to identify the driver |
Speeding and Failing to identify driver, Speeding and Failing to identify the driver |
Fri, 29 May 2020 - 08:05
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#1
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New Member Group: Members Posts: 7 Joined: 29 May 2020 Member No.: 108,770 |
Hello, I just wanted to ask some advise please.
My husband has received a letter with 2 charges on it - 1 is for speeding in a 50 zone ( he was doing 60 in a 50 ) and the 2nd is for failing to give information of who was driving. We have read up on the seriousness of these charges and it looks like he will get 9 points and a fine - which he really can’t afford to get as he needs his car for work and is the main earner in our household. He has a clean licence at the moment but is concerned he may have got caught by another speed camera this week ( doing 75 on a motorway ) He has to respond with a plea in 21 days to both charges. It says that they sent 2 letters previously - 1 asking to name the driver of the speeding on 10-12-19 and then a reminder was sent. We vaguely remember receiving the 1st one must have stupidly forgotten about it ( around Christmas time which was hectic with work, family etc ) but we definitely never received a reminder in January like they have stated otherwise we would have replied straight away. We had forgotten all about it until we received these charges. My husband phoned a solicitor to ask for advice and they said that for £800 ( which we can’t really afford ) they can enter a plea bargain so that he doesn’t have to go to court or anything and they will just ask to only charge for the speeding. She did say though that if they refuse he will have to go to court and that will be another £500 plus I’m guessing any court fees and fines. I did read on an old post here (2016) that advised to plead not guilty to both and then go to court and ask for a plea bargain of dropping the failing to Identify but pleading guilty to speeding. I just wondered what everyone’s thoughts were on this and what’s the best route to take??? If he puts not guilty on the form is that not lying and perverting the course of justice??? Are we better to go with a solicitor or save our money and him represent himself??? Thank you so much |
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Fri, 29 May 2020 - 08:05
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Mon, 1 Jun 2020 - 21:05
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#21
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Don't they use the photograph to identify the driver if it comes to it? Otherwise, what's stopping anyone saying I loaned the car to my mate Pedro who was visiting me from Spain? Many people have tried the "Mexican friend" route but the first problem you'd face is that you'd need to show a policy had been taken out, prior to the date of the offence, to cover "Pedro", failing which you'd be guilty of permitting uninsured driving of the vehicle. Quite aside from the fact that giving such an answer, if untrue, amounts to perverting the course of justice and normally results in a prison sentence, see http://forums.pepipoo.com/index.php?showtopic=120923 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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