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cpu2007
A month ago I received a police notice in regards to an alleged offence of speeding on the motorway

The vehicle is used to by multiple family members and when I looked at the photographic evidence, I could even barely tell it was my vehicle, let alone the registration number.

I contacted the police requesting high quality photographic evidence and was told to use the system on the site gmppass to send a correspondence

I did as advised and waited, but today(after a month since requesting the photographic evidence), I receive a Final request for driver information letter

I also noticed that their correspondence system doesn't even acknowledge the message you send, nor it does keep track of the messages sent within the system

What should I do? what grounds do I have? can they just come back after a month with a final request without providing the information a requested?

Thank you

southpaw82
QUOTE (cpu2007 @ Tue, 5 May 2020 - 14:19) *
I did as advised and waited

Did the police actually advise you to wait, and if so, under what circumstances and for how long?

You commit an offence if you don’t respond within 28 days, subject to various defences.

Are you the person keeping the vehicle? In broad terms, is it your car?

It is a defence if you can show that you do not know who was driving and could not, after exercising reasonable diligence, find out. Simply asking for photos alone is unlikely to suffice, so, what steps have you taken?
Jlc
Any photo is primarily to identify the offence and the vehicle and not the driver. The identification of the driver falls upon the keeper as described above.
cpu2007
Sorry there was no advice from the police in regards to waiting
What I meant is that I sent a correspondence as advised by the police over the phone
afterwards, I just waited for the response but didn't receive anything up until now

Yes I am the primary user, I own the car but after some discussion it was a member of my family

I understand that this is enough for me to provide who was driving the car as it has time and location but what I'm trying to understand is that the photos I've seen online are a really poor quality and you can't even tell what the plate number looks like. Does the police have grounds to enforce such fine based on such evidence? can it not be challenged?

I'm also asking this based on an experience several years ago, receiving a fine for driving through a red light, pictures quality was horrible(but better than what I've received in this instance), and after looking carefully, we found out that not only the plate numbers matched but the car model was different... however I could have ended up paying the fine as I used that road regularly.
Jlc
They may have better quality photo's - you are not entitled to evidential ones at this stage.

But either way it is highly unlikely to provide a defence to a s172 charge. You have the time and location - and it sounds like the driver at the time is known. They should be named ASAP as unless an explicit extension has been given to replying then an offence may have already occurred. (For which they would not normally pursue for being a few days late)

What's the alleged speed, what type of camera if you know?
Logician
The picture quality was obviously good enough for the police to read the number plate correctly, you do not deny the vehicle was at the location and now you know who the driver was. There is no need for you to have a better quality picture, there is no need in law for you to be given a picture at all, so no, there is nothing for you to challenge here, you just need to provide the name of the driver within the time limit, either 28 days or longer if the police have specifically given you an extension.
cpu2007
@Jlc The letter says
QUOTE
The vehicle's seed (or seconds into red for a red traffic light offence) was recorded at Speed 82mph


I take that's a generic use of terms but the location was a motorway so I take it was one of those speed cameras in there.

@Logician In one of my earlier posts I've explained how I received a fine letter for my vehicle, only to find out, after checking the photos that not only the registration number wasn't mine but also the model of the car wasn't mine.. the fine was dismissed right away...

Anyway, I'm going to supply the name of the alleged driver and pursue the request of photographic evidence just to see what I get back.
666
QUOTE (cpu2007 @ Thu, 7 May 2020 - 10:23) *
@Jlc The letter says
QUOTE
The vehicle's seed (or seconds into red for a red traffic light offence) was recorded at Speed 82mph


I take that's a generic use of terms but the location was a motorway so I take it was one of those speed cameras in there.

@Logician In one of my earlier posts I've explained how I received a fine letter for my vehicle, only to find out, after checking the photos that not only the registration number wasn't mine but also the model of the car wasn't mine.. the fine was dismissed right away...

Anyway, I'm going to supply the name of the alleged driver and pursue the request of photographic evidence just to see what I get back.

I hope you mean "the driver", not the "alleged driver". The nomination must be unequivocal.

As for evidence, you will get a polite refusal, if you're lucky. Their only obligation is to disclose the evidence ahead of a contested trial.

NewJudge
QUOTE (cpu2007 @ Thu, 7 May 2020 - 10:23) *
Anyway, I'm going to supply the name of the alleged driver and pursue the request of photographic evidence just to see what I get back.

If the driver is somebody other than you then you won't get anything back. The driver you have named will get their own NIP and S172 request to confirm they were driving. After that I would hazard a guess and say that what they then receive will be either (1) the offer of a course (if they are being run and the driver is eligible); (2) the offer of a Fixed Penalty of £100 and 3 points (providing the driver has no more than eight "active" points) or (3) a Single Justice Procedure Notice informing him/her that the matter has progressed to court action. Which of these it is will depend on the speed alleged and the prevailing limit. If he or she wishes to decline the offers in (1) or (2) then (3) will occur. If they want to defend the charge on the basis that the vehicle cannot be identified properly a Not Guilty plea will have to be entered.
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