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Speeding Ticket - help required

LargeAddickLargeAddick
in Not Sports Related
Just received a speeding fine that we got two weeks ago driving to Cornwall, the usual 3 points and £100. Fair enough, it happened. However, neither me nor the missus can remember who was driving at the time the incident happened. Wanting to avoid a Chris Hulme situation my wife rang the number on the notice to ask if a photograph would help identify the driver and they said no it wouldn't, just the car plate or something. My wife was then told that if we couldn't be certain 100% who was driving then we'd have to opt to go to court. How will that help? We'd both say we can't remember who was driving. What would they then decide? Anyone know? What would you do?
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Comments

  • RossRoss
    Not 100% sure, but I assume that it would go to the registered keeper of the car in question.
  • CharltonparklaneCharltonparklane
    Can you not demand photographic evidence if they don't have it how can they prove you were speeding, even if it was back of the car, you might determine the outline of whose.driving or passenger
  • stackitstevestackitsteve
    edited August 2014
    The reason for going to court is that its the owners responsibility to know who is driving at all times, you would need to convince a magistrate that you have done everything possible to find out who was driving.

    Had it in the past that we couldn't remember who was driving, the court therefore couldn't give points to anyone so they increased the fine instead.
  • SantaClausSantaClaus
    Take your wife out for a good night and then give her the points.
  • LargeAddickLargeAddick
    stackitsteve said:

    The reason for going to court is that its the owners responsibility to know who is driving at all times, you would need to convince a magistrate that you have done everything possible to find out who was driving.

    Had it in the past that we couldn't remember who was driving, the court therefore couldn't give points to anyone so they increased the fine instead.

    the owner, my wife, knows who was driving the car on that journey but not who drove at that particular point seeing as we swapped three or four times during it. By how much did they increase the fine?

    Curb_It said:

    Who's got the most points on their licence?

    not the point but seeing as you ask I have 3pts, the wife none

    Charltonparklane said:

    Can you not demand photographic evidence if they don't have it how can they prove you were speeding, even if it was back of the car, you might determine the outline of whose.driving or passenger

    they said it wouldn't help identify the driver

  • kings hill addickkings hill addick
    stackitsteve said:

    The reason for going to court is that its the owners responsibility to know who is driving at all times, you would need to convince a magistrate that you have done everything possible to find out who was driving.

    Had it in the past that we couldn't remember who was driving, the court therefore couldn't give points to anyone so they increased the fine instead.

    I'd take that.

    You should remember who was driving but if you can't then I would think that writing back to tell them the truth is the only thing you can do.

    I can't see how they can give you points for that, as neither of you are denying it nor admitting it. Please come back on here to let us know what happens.
  • LargeAddickLargeAddick
    going to court would mean schlepping down to Dorset somewhere. May have no other option though other than lying which we would never, ever do (if Plod or CPS read this).
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  • stackitstevestackitsteve
    Sorry, can't remember how much the fine went up to now, was a couple of years ago.
  • charltonkestoncharltonkeston
    I think the default is, all points go to the wife.
    Thats what I'd tell mine.
  • AllHailTheHenAllHailTheHen
    Shaun Newton could have got this sorted for you
  • smiffyboysmiffyboy
    Ignore all the letters they send including court summons they will prosocute the wife when the outcome of the case tried in your absence is sent out, wait two weeks and phone up saying wtf is this all about not received anything before hand as you've had problems with the postman strealing your mail and ask for a new hearing by filling out a stuatory declaration in your local court, this will waste about 6-8 months then you go a court, they can't prove you got the letter, the time limit to prosocute has expired you walk out free of points and fine, happened to me genuinely
  • mart77mart77
    Have had this exact situation. I rang and asked if photo helped identify who was driving and they said it didn't so me and wife chatted ......and I took the points!
  • sadiejane1981sadiejane1981
    Do you both have cars/insurance if it's just her then she should keep the clean license for insurance purposes.
  • Saga LoutSaga Lout
    sadiejane1981 said:

    Do you both have cars/insurance if it's just her then she should keep the clean license for insurance purposes.

    These days insurers will look at the other named drivers on your policy.
  • LargeAddickLargeAddick
    sadiejane1981 said:

    Do you both have cars/insurance if it's just her then she should keep the clean license for insurance purposes.

    car registered in her name, insurance in her name, me as named driver.

    If we go to court should I wear new trakkies, what colour? ;-))

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  • scabbyhorsescabbyhorse
    have you a charlton tattoo on your leg and did you stay in or around looe??
  • _MrDick_MrDick
    Haven't they given you the option of a speed awareness course. Costs £85 and 6 hours of your life but you don't get the points
  • ValiantphilValiantphil
    Google "the Hamilton defence" for speeding and you will see a chunk of background.
    For more specific advice go to www.pepipoo.com
  • LargeAddickLargeAddick
    scabbyhorse said:

    have you a charlton tattoo on your leg and did you stay in or around looe??

    no and no. Think OggyRed is around that area though. Not sure if he has a tattoo though.

    _MrDick said:

    Haven't they given you the option of a speed awareness course. Costs £85 and 6 hours of your life but you don't get the points

    yes. Cost £110 and have to do it in Dorset.

  • guinnessaddickguinnessaddick
    Shag said:

    LargeAddick said:

    going to court would mean schlepping down to Dorset somewhere.

    I reckon you could make it there in 2 hours the way you drive
    His wife can do it in 1 3/4 hrs.
  • dizzeedizzee
    Give the 3 to her.
  • cafcfancafcfan
    Read this:
    pistonheads.com/gassing/topic.asp?h=0&f=10&t=1159609&mid=0&i=40&nmt=Speeding+notice+but+can%27t+remember+who+was+driving%2E%2E&mid=0
    And this:
    forums.pepipoo.com/index.php?showtopic=841
    And, if you want, use pepipoo's NIP wizard but you have to register on the site.

    In summary, it seems that from the last MoJ statistics available 4 out of 5 not guilty pleaders were found guilty. So it seems that while it might technically be a defence to say you can't remember who was driving, back in the real world, whether rightly or not, the Mags won't believe you. So, you may think that the answer would be to flip a coin and the loser takes the points while winner pays the fine.

  • cafcfancafcfan
    golfaddick said:

    I'm sure if Large thinks hard enough he can work out who actually driving at that moment in time..........that or ask his mum & dad who it was, as they were in the back of the car at the time !!! lol

    There you go - problem solved - he just needs to explain that his Mum twocked the car and put her name on the form!
  • sadiejane1981sadiejane1981
    LargeAddick said:

    sadiejane1981 said:

    Do you both have cars/insurance if it's just her then she should keep the clean license for insurance purposes.

    car registered in her name, insurance in her name, me as named driver.

    If we go to court should I wear new trakkies, what colour? ;-))

    You should take points, they do look at named drivers but only as an extra cost the overall cost of the insurance is mainly based on policy holder, a clean licence is a much better bargaining tool. It would benefit you both more in the long term if you took points.

    I would personally not go down the court route no guarantee that you won't get any points, if they did issue points the chances are your wife would get them, which as mentioned above will not be the best thing, on top of that they can increase the fine and or points plus add on court costs, add that to the hassle of getting there etc, but just my opinion, do what you think best.
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