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FightBack Forums > Queries > Speeding and other Criminal Offences
. Was the offence in England or Scotland SCOTLAND
2. The name of the Constabulary NORTHERN CONSTABULARY
3. Date of the offence 06 NOV
4. Date of the NIP 06 NOV
5. Date you received the NIP 08 NOV
6. Was the NIP addressed to you? YES
7. Was the NIP sent by first class post, second class or recorded delivery? FIRST
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle? FIRST
9. Do you hold a UK or foreign driving licence. UK
10. How many current points do you have? 6 (although was through an incindent that was not my fault but as people were injured, judge said she'd have to give me points. Dont judge me!)
11. Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out.  Please do not post personal details for obvious reasons.

The incident was on the A9, 1mile south of Dalwhinnie. My car was recorded at going at 76mph, the limit is 60 there, but as any locals on the A9 know its no accident blackspot and seeing as its the middle of nowhere, this is rarely observed. It must have been a mobile unit (from research a talivan, the socalled money grabbing vans) as there are no fixed cameras in that area.  

I am unsure who was driving the car at the time. Myself and my uncle (an american on foreign license) drove back and forth several times from Dalwhinnie to Blair Attholl that day, seperatly. We are almost certain that it was not me who was driving, but want to see a photo to be certain.

If it is myself who is driving I am will fully admit it and send in the form, signed. Will just have to watch that I don't get another 3 points and get disqualified!

It is advised on the form that it is not routine to provide a photo. Can I still request a photo to work out who was driving? If I do, does this mean it will go to court?

Also does, anyone know what the position is with foreigners in scotland? My uncle was here on a foreign (american) license, and if it, as we think, turns out it was he who was driving, will he be summoned to court in the states? I know what the deal is with english offences but am unsure about what the law for this is in scotland.
He is no longer here in scotland, as was just over on holiday and helping me move home.

Any advice very much appreciated, as this is a genuine case.
QUOTE (briteblue)

I am unsure who was driving the car at the time. Myself and my uncle (an american on foreign license) drove back and forth several times from Dalwhinnie to Blair Attholl that day, seperatly.

How very convenient.

I hope that your uncle was insured to drive your car because if you name him, that will be their next (valid) question.
The Rookie
Before you contemplate naming your uncle (even as only a 'possible' driver, be VERY sure he was insured, otherwise you will be in court on a permitting charge.....if he was driving AND admits it, the worst that can happen is a small fine and points on a shadow UK licence that will not affect his US one unless he intends to emigrate or drive here a lot (and rack up enough for a ban)...

........and if the process is tackled in the right way even the fine won't need to be paid. If really pushed provide an address through which your uncle can be contacted which may or may not be his normal one, he can write back confirming he was driving but without giving any identifiable details such as middle name or date of birth. Any fine issued cannot be enforced or collected and a shadow licence with points becomes an irrelevance.
1) Don't name your uncle if it wasn't him. Attempting to pervert the course of justice carries a custodial sentence. icon_eek.gif
2) Read the Paragraph 4 (Unsure of Driver) Defence thread.
3) There are also lots of links to successful 'unsure of driver' defences in the 'Success Stories' thread in the 'Cases in Progress' forum.
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