Caught at night by a mobile unit...does a black picture prove guilt? Options

[rjwill10]

Hi, thank you in advance for looking at this.

Essentially, I received a NIP (in Wales) which advised of an alleged offence of speeding at 8pm on a February evening in the pitch black. The vehicle was doing 35 in a 30.

I genuinely do not know who was driving the vehicle, as me and my GF had both driven the vehicle within a 30min window, and can't pinpoint which of us it was. I requested further evidence from the police to try and ID the driver. The evidence was delivered promptly, however, the image they provided did not show my, or any other, vehicle committing the alleged offence.

They evidence they have presented shows headlights in an otherwise black background, 600 odd feet away from the enforcement unit. The image shows absolutely nothing that can identify my vehicle, you can't even see the angel eyes of my BMW. They have then produced an image of my vehicle which was taken 14 seconds after the alleged offence had taken place, and claim this is sufficient evidence. The second image has no speed or distance information, so was not committing any offences.

I am not satisfied that they have proven beyond reasonable doubt that my vehicle committed the alleged offence, as anything could have happened in that 14 second period, including the offending vehicle pulling over or turning. If I had pulled over before reaching the vehicle, they would not have been able to identify my vehicle.

I responded to the letters asking for further evidence and putting into doubt the involvement of my vehicle. I also failed to complete the NIP as I cannot identify the driver. I provided the name of the two potential drivers and advised that I would not risk being prosecuted for providing false information by making a 50/50 guess.

I have now received notice that the case will go to court, and have been asked to set a plea. I believe their request for information is not valid as they have not proven the involvement of my vehicle.

Has anyone got experience of defending a case such as this based on insufficient evidence? I know the failing to furnish bit has been discussed countless times and is turning into a losing battle for the defendant.