Shrinky
Joined: 05 Jul 2007
Location: Cotswolds
Posts: 1219
 
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Quote: have received an N I P on 26th September 2007 for a speeding incident on the 6th June 07. Having been such a long time ago I asked for the photo evidence to see who was driving at this time. On receiving a photo of the vehicle it was difficult to identify who was driving as the driver is blacked out, also the passenger is dark but it could be the outline of myself. There is a good chance it was my wife driving although she is not 100% sure. So due to the evidence sent, it was instructed that my wife was driving. We have now received a new N I P addressed to my wife, although she is now worried as she is not 100% sure she was the driver and she may be convicted of fraud if they have another photograph that proves otherwise. Would the police try to catch people out if the photo sent is not conclusive as to who the person is driving?
The purpose of the picture is to identify the vehicle and not the driver and not being able to identify from the picture is no defence.
However if the vehicle is registered to you and you have not moved house or recently bought the car then the NIP has to be sent in 14 days and your NIP would be out of date and the case would fall for procedural reasons.
We have a standard letter you can adapt for use if this is the case.
http://www.roadsidelawyer.co.uk/form-letters/nip-out-of-date/
If this is not the case and you are at all equivocal about which of you was driving then the chances are the police will prosecute under the Section 172 provision for failing to identify the driver. The penalty on this offence has recently been increased to six points but there is a defence if you have diligently attempted to discover who was driving and have not been able to do so.
However if you intend to use this defence I would strongly advice you take legal advice first as merely saying "I am not sure" is unlikely to be successful.
The good news is if you defend and win you will recover your legal costs so the defence will be at no cost to you and what is more you will not have any points on your licence.
Think you might be stuffed  Global Warming.... I'm luvvin it. 
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 Mon Oct 06 2008 7:41pm |
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TSR2
Joined: 22 Jul 2008
Location: North Linconlshire
Posts: 206
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It always seems funny to me that the police tell you that you are legally bound to tell them who was driving. Guess who was shown to be one of the the biggest groups of people to get off speeding fines by using this defence in 2006 in the Sheffield area  Yep you guessed it PC Plod (Apologies to any Officers out there but the smell of Hypocrisy is awful) Statistics care of Yorkshire television. If you genuinely (  ) don't know stick to your guns, a friend of mine from Dundee stuck to his guns last year and the police gave up in the end. The other side of the matter is of course that the notice has to reach you within a set period, which I cannot remember off the top of my head, to do this they should really send the letter by recorded delivery but they don't. You should really have grounds to get off because if it didn't reach you in time whether the mail was diverted or not they have no case. The onus would be for them to prove that it did reach you within the required time, which they cannot.
They rely on the fact that we are all lazy b  s and won't contest anything which is why they get away with it and also why when people are pushed by the possible loss of license they get off . 
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| Mon Oct 06 2008 8:02pm |
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Ent
Joined: 12 Oct 2007
Location: Up the Khyber Pass
Posts: 429
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Cheers fellas I'm going to risk it for a biscuit, I'll post the outcome. Is that your head or as your neck been sick?
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| Mon Oct 06 2008 9:08pm |
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mick
Joined: 21 Jan 2007
Location: All over
Posts: 1010
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Good luck
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| Mon Oct 06 2008 9:14pm |
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simonsi
Joined: 14 Oct 2007
Location: Leicester
Posts: 880
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The Hamiltons - Infamous tory MP and his wife got off in 2003 using the "it was one of us but we canīt remember who" defence. So it can be done. Google "neil hamilton speeding"... Cheers
Simon
TDV6 S Auto - Zambezi Silver - JE Tune - RRS 19" - Sidesteps - Roof Rails
Body Side Strips - Xenons - Bright Pack - Cold Pack - Premium Stereo
Alpine Roof - Towpack - Alpine Touchscreen Satnav - Veba Rear DVD changer
Alpine Roof Monitor - Webasto FBH Timer - Awesome Brembo Frt & S/C Rr Brakes
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| Mon Oct 06 2008 9:40pm |
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andym
Joined: 16 Jun 2005
Location: london
Posts: 142
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The real issue is what will your witness say if they find themselves in the witness box. Will they crack under pressure. Particularly if it is intimated to them that you may have said something else before they give their evidnce. If not and you dont known who was driving how can you possibly be found guilty. You would only appeal and win. The mag would not be interested in getting appealed unnecessarily. Although I would stop confessing !!
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| Mon Oct 06 2008 9:50pm |
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AVE
Joined: 12 Nov 2006
Location: First house on the left
Posts: 964
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Gareth wrote:If you squint very hard, it looks like the alien from Independance Day is driving the D3
You lot just crack me up!  Disco 3 TDV6 HSE
Mini Cooper
Ford KA (Miss K Ave's)
Previous car: Disco 2 V8
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| Mon Oct 06 2008 9:58pm |
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discocuzzy
Joined: 02 Feb 2008
Location: surrey
Posts: 952
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Lee...you dont stand on anything you orthopedic shoe wearing, gimpy legged spaz
Only joking fella..TBH your screwed cause ive just rang the plod and told em it was you, and to make sure you dont try and pull the wool over their eyes by blaming the domestic controller "you cannot teach stupid people to do clever things"
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| Mon Oct 06 2008 11:23pm |
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crews control
Joined: 18 Mar 2007
Location: Hampshire
Posts: 557
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Police image enhancement software is available
 Paul
D3 TDV6 HSE
Buckingham Black / Alpacca Leather
...This message written with recycled electrons...
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| Mon Oct 06 2008 11:57pm |
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Discowex
Joined: 16 Apr 2007
Location: Craggy Island
Posts: 3647
 
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Paul , are you insinuating that Lees missus is a hound ? Don't take life me too seriously ..... it's I'm not permanent
" This society needs a fookin enema " Craig Oct 08
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| Tue Oct 07 2008 7:20am |
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SI 1
Joined: 19 Jan 2007
Location: YORKSHIRE
Posts: 212
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slightly of the topic why have you got a set of
RR Sport wheels on the front and on the back a set of S spec 18" 
Or do I need more COFFEE Stornaway Grey V8 Diesel FFRR (0
1960 Morris Minor
Tonga Green D3 (56)
BMW 635csi
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| Tue Oct 07 2008 8:35am |
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Mossy
Joined: 01 Jul 2005
Location: Hollyoaks, UK
Posts: 2383
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Martin wrote:Can they really wait 3 months to send a NIP?
I seem to recall they had to send it within 14 days, else you can reasonably argue that there is no deterrent to future speeding, which is fundamentally what the points system ws put in place for. D3 HSE V8...
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| Tue Oct 07 2008 9:30am |
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Shrinky
Joined: 05 Jul 2007
Location: Cotswolds
Posts: 1219
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Shrinky wrote:However if the vehicle is registered to you and you have not moved house or recently bought the car then the NIP has to be sent in 14 days and your NIP would be out of date and the case would fall for procedural reasons
 Global Warming.... I'm luvvin it.
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| Tue Oct 07 2008 9:47am |
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Ent
Joined: 12 Oct 2007
Location: Up the Khyber Pass
Posts: 429
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Discowex wrote:Paul , are you insinuating that Lees missus is a hound ?
She's not that good looking! Is that your head or as your neck been sick?
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| Tue Oct 07 2008 10:08am |
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