Nip driver identification and latnesss

[Graham]

Hi my car got camerad on 20th last month

i got the nip through, and the driver could have been one of about 3 people, as we were all driving it round.

i sent the nip back before the end of the 28 days stating this, and asking for the photo to id the driver.

Theyve sent the photo and you carnt even tell the car has a driver...

with a note saying that the original 28 days still stands ( overdue by the tdate on their letter) for me to id the driver..

question how do i id the driver when i dont know who it is and b the 28 days is up so am i screwed anyway

northants police by the way...

[Don]

Graham. As far I can work out from reading the Highway Code (caveat: I'm no expert...just trying to help):

Either one of you owns up and takes the rap ? 3pts etc

or

you fail to identify the driver. 3pts and £1000.

I wonder what a real expert (John Robson) makes of this.

If you DO know who was driving I'd recommend honesty, frankly...anything else seems too likely to go wrong

[hertsbiker]

how can this be justice?

If you really don't know, you don't know!! that's it. How can you be punished for something someone else has done?

If you are asked by the police if you comitted any other crime, you do not have to provide written proof of who actually did the crime !!

Sounds very mismatched. The only difference is that us poor fools have number plates.

[jimbo]

Northants police are complete buffoons, they lost my driving license, then denied all knowledge of ever receiving it forcing me to get another one, then the original was returned to me complete with endorsement !!!

Jim

[martin R]

Clearly the decision is yours to make, but if there is genuine doubt as to who the driver was, I think there may be merit in stating this in court.
There has been a precedent for this - I'm sure a chief constable used this very defence earlier this year and got away with it. Can anyone remember the case? It got a lot of publicity a few months back.
I'm certain others have got off with the same defence, may be worth investing in a solicitor.
Let us know what you decide to do.

[Graham]

I've got 7 days to decide.

take the hit of 3 points and 60 quid

or go to court for non disclosure

35 quid to go to court and then a maximum of 5 points and £1000 fine. plus the day off work

does anyone have experience of people who have lost the claim and any real world points and fines ?

The situation was. car misfiring so stopped at tescos, we all had a fiddle with the car and then one of us drove it from one roundabout to the next. during one of these trips we managed 75, although who was driving i've no idea....( it was a loose injector wire)

[Nightmare]

Graham,

I dont know anyone who has tried by think about this from the courts point of view....

you can remember where you were, and what you were doing, but not who drove the car for that stretch. True or not, how many people would actually believe it - if someone told you that story would YOU believe it? truth is never as important as perception of truth.....

If thats your story, I definitely wouldnt take it to court.....

Night

[bryanlister]

A friend of mine was faced with this very decision - and took it to court. He has a company car with his wife insured to drive it also. Police had a mobile speed unit taking photos and his car was recorded at 42 in a 30mph zone. He got the NIP 7 weeks after the alleged offence because: ticket office sent NIP to car owners - a leasing company. They sent it back to the ticket office naming the company to who it was leased. Police then wrote to that company, they wrote back saying who the employee was that used that car. Police then write to my friend! The date of the offence was a Saturday - so it may have been him driving - or his wife. He went to see the photo - and for all its clarity it could have been anyone driving. He genuinely did not know whether he was the culprit or his wife. He was taken to court for not identifying the driver. He responded that it had taken 7 weeks to serve the NIP on him, and that it was not sent by registered post - and he did not know who was driving - so how could he identify who it was?? Result - case dismissed - no points - no fine. He felt strongly about this and took the chance and came off alright. You should think very carefully before doing the same. A clever prosecutor could put you on the spot if you are not telling the truth.

[Graham]

quote:
you can remember where you were, and what you were doing, but not who drove the car for that stretch. True or not, how many people would actually believe it - if someone told you that story would YOU believe it? truth is never as important as perception of truth.....

trouble is we all drove it down that bit of road. at about the same time...

i'll probably wimp out and take the hit, the wifey's giving me grief

G

Edited by Graham on Monday 5th November 18:39

[Nightmare]

and no doubt she's a LOT scarier than the courts

[thb]

Here's the story about the copper:

http://news.bbc.co.uk/hi/english/uk/newsid_1505000/1505534.stm

[Graham]

quote:
and no doubt she's a LOT scarier than the courts

YOu've met then