yes car as 1 registered keeper… but 3 named drivers on the policy… plus another family member uses the vehicle on a 3rd party cover only, the day in question it was possible that any 3 of us was using the vehicle on the road where the camera is placed, my wife being the legal owner cannot say who was at the wheel at the time… yes 2 pics taken from the rear, but again seriously cannot identify driver!
the advice i received from a police friend, is as long as the relevant insurance is in place, and there are no obvious distinquishing features of the driver then ask the police for more evidence as my wife cannot identify the driver and she would also be making a false statement if she said it was me ect…
the threat of 6 points ect is just that, its mainly meant for company/hire vehicles who do have different drivers but should also have some sort of record of who was driving on what day, rarely used against private owners… unless the offence is more serious.
kemaro:
i have sent my NOT GUILTY plea in the post along with a long letter, as much as i would like to attend court in person I am not able too due a being away on a pre booked holiday, i have put copies of tickets etc to prove this fact, we shall see what happens, im not bending over and taking it as i did not do it… i did state in my letter that the only reason at the time we could i was being puled for was that there were three guys in the car on a saturday evening and he perhaps thought that i had a drink…
If you’ve sent off a not guilty plea then they will arrange a new court hearing for the trial, so they post you a new date and ask you if you are available. So you should be able to attend you trial after all. If like you say, you don’t wanna bend over and be shafted, you can attend the hearing and get shafted without moving your back !!!
dle1uk:
yes car as 1 registered keeper… but 3 named drivers on the policy… plus another family member uses the vehicle on a 3rd party cover only, the day in question it was possible that any 3 of us was using the vehicle on the road where the camera is placed, my wife being the legal owner cannot say who was at the wheel at the time… yes 2 pics taken from the rear, but again seriously cannot identify driver!
the advice i received from a police friend, is as long as the relevant insurance is in place, and there are no obvious distinquishing features of the driver then ask the police for more evidence as my wife cannot identify the driver and she would also be making a false statement if she said it was me ect…
the threat of 6 points ect is just that, its mainly meant for company/hire vehicles who do have different drivers but should also have some sort of record of who was driving on what day, rarely used against private owners… unless the offence is more serious.
Doesn’t work fella. If they can’t work out who is driving and you won’t say, they just screw the registered keeper these days. The ‘we don’t know who was driving’ doesn’t wash nowadays. Not unless you’re rich and famous anyway…
dle1uk:
…the advice i received from a police friend, is as long as the relevant insurance is in place, and there are no obvious distinquishing features of the driver then ask the police for more evidence as my wife cannot identify the driver and she would also be making a false statement if she said it was me ect…
Mmmm I smell a RTA S 172 charge and the only way to beat that, is to show that the keeper could not have reasonably known who was driving.
“A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”.
The key here is “with reasonable diligence”, and it is up to a court to decide whether or not the registered keeper has shown reasonable diligence.
As already mentioned this carries an MS90 endorsment and many people report insurance and hire car problems with an MS 90 on their license.
Good Luck, many have tried and almost as many have failed.
Contesting a ticket is almost pointless these days unless you have hard evidence they have it wrong. All the loopholes have been closed. I was convicted on the strength of the camera operator saying ‘he looked to be speeding to me’. This after PROVING scientifically the gun was inaccurate.
If there is a danger of a more serious charge being brought, contesting it isn’t foolish. It’s downright stupid mate. Don’t do it. No insurance company gives a toss about SP30’s these days.
I contested and it cost me 3 grand in legal costs to get a fine £90 higher than the fixed penalty, and 4 points instead of 3.
In the end I was more ■■■■■■ with the legal team than the beak. And the beak was a ■■■■■■■
As was said on another thread recently, supposing he picks up some points on another occasion and is bang to rights on that one? If he accepts this without a fight then he’s on at least 6 points and that’s not so clever.
44 Tonne Ton:
As was said on another thread recently, supposing he picks up some points on another occasion and is bang to rights on that one? If he accepts this without a fight then he’s on at least 6 points and that’s not so clever.
But if he loses this he’s deffo got 3 points (maybe more) + a larger fine so he’s in the same position RE: points as he would be if he just accepted the FPN… got a much lighter wallet though!
Look at it from a magistrates point of view.
There’s a trained Officer with an approved speed measuring device stating that kemaro was exceeding the limit.
kemaros defence is… I wasn’t speeding, oh & my 3 mates agree with me! Hardly cast iron is it?
Be honest, who would you believe?
If he had something to run with , failure to follow procedure, late FPN or anything in fact, then fair enough but he’s got diddly.
I hate the money scamming bar stewards as much as anyone but you don’t go into battle unarmed.
I hope he wins I really do, he might get lucky but I wouldn’t put 10p on him @ 10000-1
44 Tonne Ton:
As was said on another thread recently, supposing he picks up some points on another occasion and is bang to rights on that one? If he accepts this without a fight then he’s on at least 6 points and that’s not so clever.
But if he loses this he’s deffo got 3 points (maybe more) + a larger fine so he’s in the same position RE: points as he would be if he just accepted the FPN… got a much lighter wallet though!
Look at it from a magistrates point of view.
There’s a trained Officer with an approved speed measuring device stating that kemaro was exceeding the limit.
kemaros defence is… I wasn’t speeding, oh & my 3 mates agree with me! Hardly cast iron is it?
Be honest, who would you believe?
If he had something to run with , failure to follow procedure, late FPN or anything in fact, then fair enough but he’s got diddly.
I hate the money scamming bar stewards as much as anyone but you don’t go into battle unarmed.
I hope he wins I really do, he might get lucky but I wouldn’t put 10p on him @ 10000-1
teatime:
“I asked to see the gun and the speed as the screen was blank, he reluctantly showed me , pressed a few buttons and a 44+ came up on the gun.”
I would be interested to know the speed of the previous offender he nicked, just saying like
Thats the element of doubt that would help your defence and of course your witnesses to confirm your speed.
Generally speaking if a Gatso got you then you are toast. There is a helpful site called www.pepipoo.co.uk that offers good information.Though I think that you are stuffed,sorry.
