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PrestonC
I hope someone can offer advice or their experiences to help here.

My two daughters (L, 27 and V, 25) have just bought their first home together. They share one car registered to the V, the younger. L, the older works about 20 minutes away and V, the younger works from their home. Sometimes L takes the car for work; sometimes V needs the car during the day and takes L to work (either driving).

V got a NIP two months ago. They didn't know who had been driving that day, 10 days before. She returned the NIP saying the driver was unknown. She received a photo taken from the front, which could have been either L or V (they look very similar with long blonde hair).

V wrote saying she still couldn't identify the driver, giving all the above information, and that she was willing to tell the Magistrates in person. The picture genuinely is no help in identification.

She has now received a letter saying the police have more (allegedly clearer) still pictures and a copy of the video. The clerk has asked to visit V at a convenient date & time, and show V the additional evidence to help identify the driver.

What should V do? Arrange to meet them? Write back saying: no, she'll let the Magistrates decide? Might this refusal to review additional evidence be construed as 'not willing to help'? ie unreasonable. It might show whether there were 1 or 2 occupants at the time; then again it might not.

I will appreciate any help & advice anyone can provide.

P
andy_foster
If the driver is not identified, the substantive speeding allegation would not be proceeded with, but V could be charged with failing to provide the driver's details, under s.172 RTA 1988.
Her only defence (assuming that she is the person keeping the vehicle would be if she could demonstrate that she didn't know who was driving, and could not with reasonable diligence have ascertained the driver's identity.

If they had asked her to make a 400 mile round trip to view clearer photos, that would probably be beyong what can be considered reasonable diligence.
If they're offering to visit her at a convenient time, refusal would sink a reasonable diligence defence.

Even if she views the new evidence and is still unable to determine who was driving, that in itself would not satisfy reasonable diligence.
What other steps has she/they taken to determine who was driving? Diaries, appointments, receipts, etc.?

Read the "We Can't Recall Who Was Diving" thread in the FAQ (or even better, get V to do the same).
Quattro
If V the younger does view the video, she should be VERY caerful in what she says.

It has been known for the Scameras to try and catch you out by saying such things as, "Now that does look like you doesn't it?" or "You can tell you were speding there can't you?" or whatever.

She should be on her guard. These people have shown themselves to be a little underhand at times and just want the money. Thye don't care too much whether you are guilty or not..... allegedly wink.gif
crystal
Hi,

It may be an idea for someone (not her sister) to go along as well (maybe you). She should be polite view everything and not answer any questions about the offence, even if she thinks she can identify the alleged driver she should say nothing then but commincate in writing later.

Good luck
Crystal
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