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FightBack Forums > Queries > Speeding and other Criminal Offences

Looks like I've found this site a little too late.. My girlfriend got caught by a speed camera on the road where we live doing 40 in 30mph on 19/11 last year. They sent the standard ticket through asking for details of the driver. I wrote them a letter asking for evidence for me to be able to identify the driver. I received a letter from them dated 02/04/07 thanking me "for the explanation given in respect of your inability to supply the details of the driver of your vehicle" and that "proceedings will, therefore, be commenced for the offence of failing to supply details as requested". They seemed to have 'jumped the gun' a little here as all I have is requested from them is the evidence for me to be able to supply that information. After reading the site, it seems I should've used a PACE statement from the off. Is it too late for me to use that now or is there another route I can persue?

Thanks in advance..
Fill in the NIP wizard HERE for detailed advice.
The Rookie
If you are suggesting using the PACE ws then you knew who was driving and from what you say it was the GF, I would write to them straight away and repeat the request for a photo and then name the GF when you get it.

Thanks for the replies.

Yes it was my girlfriend who was driving. I requested the evidence as I had heard ages ago that sometimes the cameras are not working/calibrated correctly and there is a chance they would not be able to provide you with it. I'll request the evidence again, however, can they pretty much ignore this request and continue prosecution for failing to supply anyway? If they do come up with the photos, is it too late for me to use the PACE statement?

Thanks again.
No,they cant ignore your request for photos.....any correspondence with them should be
minimal and done special delivery then you have proof of postage.

First things first,scroll up to post#2 and fill in the NIP wizard please.

Thanks sgl. I've gone through the wizard and it recommends the PACE statement. My first letter to them was not sent recorded, however, they have made reference to "recent correspondance" in their belated reply. I will send another letter by recorded requesting photographic evidence in order for me to identify the driver to them. I know I'm getting a bit ahead of myself here, but if for whatever reason, they cannot supply the evidence, where would I stand then? And, if they did come up with conclusive proof, I'm guessing PACE would be my next step..
The Rookie
So paste the output on here....besides as it wasn't you driving it won't have recommended PACE if you filled it in correctly, it would tell you to name the GF who then gets here own NIP to name herself when she can use PACE.

I had something similar over the last year, although I didn't know who the the driver was (In the end I learned after the 6 month period from the photo that it was my partner). I had asked for the photo to help me identify the driver but they failed to provide it resulting in a court summons.

If you wish to fight it Under the RTA 172 (subpara 4 I think), you need to show reasonable diligence in trying to identify the driver. E.G Did you list all possible drivers, check possiblilities to identify the driver, did you ask all possible drivers, do you have a credible reason for not knowing who was driving on the day. After 6 months they cannot charge anyone else for speeding other than you. You obviously tried to identify the driver by asking for the evidence which is in your favour, did you try to contact them to chase up you query? etc. Their reply shows that they did receive it but that they also did nothing. The magistrates may wonder why the unit failed to repsond to you. It will also depend on the tone of your letter, etc.

It really will depend on whether or not the magistrates on the day believe you and they will use their discretion in deciding, if you are unsuccessful you could appeal but you will need to weigh up your evidence that you tried to identify the driver to see if it is worth it.

I stuck it out for almost a year where the case was finally dropped.
Hi, thanks again for the replies. It seems as though I have been a bit unclear as to the exact circumstances surrounding the ticket. It was my girlfriend's car and the ticket was addressed to her. I am just trying to take care of this for her and so far, it looks like I'm not doing a very good job! It was her driving (she was coming back from work in the morning) and I am the only other named driver. The reason I requested the evidence was in hope that they might not be able to supply it. I filled in the NIP wizard from my girlfriend's perspective and it recommends the PACE statement. I don't really want to contest the 'failure to supply details' charge, as it is, in all probability, uncontestable. However, just so I understand correctly, if they fail to produce the evidence and continued with the proceedings against her for 'failure to supply..' would there be any grounds to contest or any proof that the offence actually took place at all? Obviously I would like to avoid court if possible, would you suggest persuing the 'identifying the driver' line or simply return the ticket with the PACE statement?

Also, I'd like to thank everyone who has replied so far as your time and help in this matter is greatly appreciated.
The Rookie
So we keep getting dribbled more facts, its the GF's car, the GF's NIP and her driving and you have managed to drop her right in it, for best advice, help us to help you, so for goodness sake post the goddamn NIP wizard output and reiterate on a timeline EXACTLY what you have done (keep it concise) then meaningful advice can be given, otherwise we are all wasting all our time!

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