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Speeding and s.172 after identifying 2 people
Reuben1111
post Thu, 19 May 2022 - 21:33
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I recently received a nip for speeding the offence was at a time I was working and not using my car.
I replied with my brother and step dad who both had used my car.
I received a letter saying they both deny it.
Now myself and them have received a summons for s.172 and speeding.

I’m yet to send my response any help would be appreciated as I can’t really afford a solicitor.
Thanks

This post has been edited by Reuben1111: Thu, 19 May 2022 - 21:44
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post Thu, 19 May 2022 - 21:33
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disgrunt
post Sat, 21 May 2022 - 09:11
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If I’ve understood correctly you were at a customer’s house working (presumably with another vehicle)
Your car was parked at home and keys to the car were also there.
Your brother and FiL regularly borrow your car (without asking?). Do they have their own cars?

How many people live at that address / have access to it?
Who is insured to drive your car?
Does your wife drive? Why couldn’t she have been driving it?
Where was the speeding offence relative to where you live?

The problem you have is that if you can now work out who was driving you prove the case against you, but if your efforts at the time aren’t considered sufficient you’ll end up with 6 points.

What exactly did you do to decide upon naming your brother and FiL. How did you eliminate other suspects?

I’m not trying to get you to concoct a story but document your thought process at the time?

This post has been edited by disgrunt: Sat, 21 May 2022 - 09:12
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Reuben1111
post Fri, 16 Sep 2022 - 22:50
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Hi everyone,

Rare occasion that someone comes back to update a thread.

So went to court and prosecution withdrew the charges an said i should of been charged with allowing use of a motor vehicle without promt insurance ( but they had there own fully comp )

So NFA no points and I won’t be lending my car again ✌🏼

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The Slithy Tove
post Sat, 17 Sep 2022 - 07:04
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QUOTE (Reuben1111 @ Fri, 16 Sep 2022 - 23:50) *
So went to court and prosecution withdrew the charges an said i should of been charged with allowing use of a motor vehicle without promt insurance ( but they had there own fully comp )

Good news on withdrawing, so you whatever defence you were going to run was never tested.

Some fully comprehensive insurance policies allow you to drive other cars, subject to certain conditions, but not all. Don't assume that simply having fully comp allows this. Always check.
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Slapdash
post Sat, 17 Sep 2022 - 07:31
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QUOTE (Reuben1111 @ Fri, 16 Sep 2022 - 23:50) *
So went to court and prosecution withdrew the charges an said i should of been charged with allowing use of a motor vehicle without promt insurance ( but they had there own fully comp )


Glad it worked out for you. Seems a remarkable result based on your telling.

How could they possibly know the driver did not have proper insurance without knowing who the driver was ?

Also how could you possibly have known they had their own fully comp (which in their case fortunately covered them on your car) without knowing who they were ?

This post has been edited by Slapdash: Sat, 17 Sep 2022 - 07:32
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roythebus
post Sat, 17 Sep 2022 - 16:55
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Perhaps the mags didn't ask any questions? Maybe the OP has fully comp that allows any other driver. But he says each had their own insurance. The charge was dropped by the prosecution as it appears they brought the wrong charge and it may have timed out by now.
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southpaw82
post Sat, 17 Sep 2022 - 17:32
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I doubt the no insurance offence had timed out.


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andy_foster
post Sat, 17 Sep 2022 - 18:10
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Assuming that the court found the OP to be credible (they believed him on the balance of probabilities), I'm struggling to see what reasonable diligence beyond what he has already told us would be likely to have lead to the identification of the driver.


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NewJudge
post Sat, 17 Sep 2022 - 21:24
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QUOTE (roythebus @ Sat, 17 Sep 2022 - 17:55) *
Perhaps the mags didn't ask any questions?

If the prosecution withdrew the charges, there were no questions for them to ask.
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Lodesman
post Sat, 17 Sep 2022 - 21:49
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My thoughts entirely.
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Reuben1111
post Sun, 18 Sep 2022 - 00:32
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So I had to confirm my name d.o.b they said I was charged with exceeding the speed limit and fail to identify the driver and asked how I plead, I said not guilty they then asked to explain why I was not guilty of the offences I told them that I had borrowed the car to my step dad and him and my brother both admit to driving the car but not the speeding, they then asked for the prosecutions side and the man stood up and said the charges are incorrect it should of been something like allowing a motor vehicle to be driven without promt insurance and he would like to withdraw the case.

I may have been very lucky and a mistake on their side but a lesson learnt no one lends my car.

Thanks everyone for advice

Lastly I really don’t think it’s fair that if a driver was not actually driving they be pressured to accept points and a fine or face more points and a bigger fine it’s 2022 they should have cameras that snap a picture of the driver and the reg.

And a solicitor wanted £780+vat to represent me
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The Rookie
post Sun, 18 Sep 2022 - 05:45
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Sounds like an inept prosecutor, the charge was correct. (That doesn’t mean you were guilty of the offence by the way).

Happy days either way.

By the way, it’s ‘lend to’ and ‘borrowed from’.


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The Slithy Tove
post Sun, 18 Sep 2022 - 13:05
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QUOTE (Reuben1111 @ Sun, 18 Sep 2022 - 01:32) *
asked for the prosecutions side and the man stood up and said the charges are incorrect it should of been something like allowing a motor vehicle to be driven without promt insurance and he would like to withdraw the case.
Sounds like BS to me and attempt of saving a bit of face. As has been stated, how could they know you were permitting to drive uninsured, as they have no idea as to the insurance held by the unknown driver.
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roythebus
post Sun, 18 Sep 2022 - 17:25
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Yes, my thoughts are with The Slithy Tove above. Face-saving as they probably sussed the op had done his best.

A good result.
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cp8759
post Mon, 19 Sep 2022 - 06:17
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Really sorry to point this out after the event, but you could have made a subject access request to the police asking for the ANPR records for your car. This would have shown where you car was and when, and you might have even got the ANPR pictures.


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