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Unsure of Drivers Identity
scoobybloke
post Sat, 7 Aug 2004 - 11:40
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Hi All - (Reposted from the Camera forum)

New to this excellent forum, although I've read many of the cases on here over the last few months.

Here's the situation: My sister and I were on holiday a few weeks back in Devon. My sister has just received a NIP for speeding. It appears that this took place on the journey down to Devon. Now my sister and I shared the driving as it was a long trip (about 6 hours in total).

We geniunely cannot remember who was driving at the time, so what is the best course of action? The NIP is in my sister's name as it was her car.

Any thoughts on what to do? I've read through the unsure of driver post and I woiuld like to know whether requesting the photographic evidence would be the next logical step (i.e. before writing to the ticket office to say that we are unsure of the driver).

Thanks
SB
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post Sat, 7 Aug 2004 - 11:40
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Blackbird
post Sat, 7 Aug 2004 - 16:30
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Hi

The two go hand in hand.
'They' are not obliged to give you the photos, so in order to request them your sister has to say that she is unsure of the driver and can she therefore have the photos in order to help identify who was driving at the time.

Best Regards


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scoobybloke
post Sun, 8 Aug 2004 - 11:25
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Thanks Blackbird

What a great country we live, when you can be accused of an offence, but the authorities are under no obligation to provide any of the evidence! Unlawful process anyone? Demanding money with menaces (using the the threat of prosecution, court appearances and higher fines to deter you)?

I will tell my sister to write to the ticket office (after a reasonable period of time) stating that we do not know who was driving and ask for the photographs.

Cheers
SB
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Blackbird
post Sun, 8 Aug 2004 - 11:39
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Hi scoobybloke

Just make sure that your girlfriend requests the pickies in plenty of time and keeps copies of everything - special delivery costs a bit but you can track the letter and have proof of delivery.

Don't worry about the state of the country - the judiciary are becoming well aware of the concerns icon_wink.gif

Regards


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firefly
post Sun, 8 Aug 2004 - 20:18
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Have a look at this post for what to do.


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scoobybloke
post Mon, 9 Aug 2004 - 13:16
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Thanks ff - I had read most of that post - but I've now been back through it and read all the posts in detail. I will keep everyone advised of the progress on this one!

Thanks again for the replies.

SB
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scoobybloke
post Thu, 9 Sep 2004 - 09:22
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Just a quick update for you all.

My sister did write to the fines office as directed. Photos arrived today (taken more than a week to reply..). Photo as expected, is totally unclear.

The only thing concerning my sister is that they have refused to extend the 28 day deadline. Now when I was in a similar position fighting a ticket, the first thing my local fines office did is extend the deadline once I entered into correspondence.

I am going to tell her to send FF's second letter as detailed in his linked thread, but I was just wondering on the extension of the fine period. If this a discretionary thing and are they just doing this because my sister has queried the fine and they know the way it is going to go? Is it just another case of them playing games and trying to see how far you will go?

Should she, at this stage, return the NIP unsigned with the second letter?

Thanks SB
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firefly
post Thu, 9 Sep 2004 - 09:31
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QUOTE (scoobybloke)
Should she, at this stage, return the NIP unsigned with the second letter?

It's a matter of personal choice, but I would not send the NIP back. Why do this? What do you mean when you say "unsigned"? Do you mean completely blank, or with a section filled in?

Personally, I wouldn't bother.


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scoobybloke
post Fri, 10 Sep 2004 - 08:25
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I was just wondering if it was required at this point. I think my sister was more concerned at the non-extension of the deadline to be honest.

SB
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Lance
post Mon, 13 Sep 2004 - 13:24
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The police don't have to extend the deadline: it's already in the legislation.

QUOTE ([url=http://www.hmso.gov.uk/acts/acts1991/Ukpga_19910040_en_2.htm#mdiv21)
Road Traffic Act 1991 (c. 40)[/url]]S172(7) A requirement under subsection (2) may be made by written notice served by post; and where it is so made—

(a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and

(b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

I met a guy at a court who was defending a S172 for his company car. Though he knew by the time the hearing came around who was driving, the guilty party had not fessed up until after the speeding had timed out (not that he had realised this). His solicitor had told him just to explain what had happened, bring along his long chain of correspondence and all would be well. Sadly I didn't see the outcome.
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scoobybloke
post Sat, 25 Sep 2004 - 21:34
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Thank you all for your help (especially firefly). Good news to report biggrin.gif

My sister sent the second letter as detailled in ff's original thread. She received a reply from the fines unit a couple of days ago, saying that the case would not be pursued any further and the charge was dropped biggrin.gif biggrin.gif

Cheers
sb
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Blackbird
post Sun, 26 Sep 2004 - 07:45
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Hi scoobybloke

Excellent. Think we can call this a result!

You have just made my Sunday even better 8)

Best Regards


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DW190
post Sun, 26 Sep 2004 - 09:13
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Another notch on FF's gun and the unsure of driver defence.

Good Result *****


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morro24
post Fri, 20 Jan 2006 - 17:53
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You should ask the relevant authorities for pics to show was driving and pics of the scene.

The Court will only want to know that you tried to assertain who was driving the car at a particular time and date.

It how you complete the form that is now of interest to the prosecuting authorities.
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firefly
post Fri, 20 Jan 2006 - 18:09
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?!?!?!

Eh? Sixteen months after the event!

Curious post.


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nhumphrey
post Fri, 3 Nov 2006 - 23:18
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My wife as the registered owner was issued the NIP, and we are blaming each other in a similar case of both having driven with a very short period of time.
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The Rookie
post Tue, 7 Nov 2006 - 05:16
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?!?!?!?!?

So use your own thread with full case details!

Simon


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