Ent
Joined: 12 Oct 2007
Location: Up the Khyber Pass
Posts: 429
 
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From the images below could I be convicted of a speeding offence?
My wife and I where on holiday at the time so either one of us could have been driving.
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Surely forward facing cameras discriminate against drivers as opposed to motorbike riders? Is that your head or as your neck been sick?
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 Mon Oct 06 2008 6:56pm |
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wiggs
Joined: 03 Sep 2006
Location: back in Manchester
Posts: 2557
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http://www.pepipoo.com/Speeding.htm
I will forward you the 2 letters i have used sucsessfully on 2 occasions  Help get this page up the rankings please
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| Mon Oct 06 2008 7:00pm |
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Jimbob Squarepants
Joined: 27 Oct 2007
Location: Gulf of Mexico
Posts: 783
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If it is in the UK, and you have had a "Noice of Intended Prosecution" then I believe that you are legally obliged to tell the Force who was driving the vehicle at the time or you face stiffer penalties than you would for the speeding offence. 07 Silver TDV6 XS Manual + Tubes, Tints, White indicator repeaters, Xtreme H7s, LR dog Guard and Valeao Windy-Wipers
Previously known as JAMES R
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| Mon Oct 06 2008 7:01pm |
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Ent
Joined: 12 Oct 2007
Location: Up the Khyber Pass
Posts: 429
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Lincoln on the 30-06-08. I've recently moved house and a summons arrived through the post today along with a load of other re-directed mail. Is that your head or as your neck been sick?
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| Mon Oct 06 2008 7:01pm |
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simon
Joined: 11 Jan 2005
Location: ...
Posts: 15015
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Unless they use some clever image adjustment software - if thats legal to do - they cannot say who was driving.
But in the UK you have to incriminate either yourself or another by law 
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| Mon Oct 06 2008 7:02pm |
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Ent
Joined: 12 Oct 2007
Location: Up the Khyber Pass
Posts: 429
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simon wrote:Unless they use some clever image adjustment software - if thats legal to do - they cannot say who was driving.
But in the UK you have to incriminate either yourself or another by law
But what if I own up and take the rap and it turns out not to be me, do I then get charged with perverting the course of justice or something else on those lines? Is that your head or as your neck been sick?
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| Mon Oct 06 2008 7:05pm |
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MacLeod 313
Joined: 18 Apr 2008
Location: East Sussex
Posts: 1599
 
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But as already stated, the legal owner has to state who was driving the vehicle at the time, if not its the person on the v5 that gets the fine. Obviously there is no way of telling who was driving at the time by the pics, but I canny see you getting out of it I am afraid to say....Sorry for the bad news though.  PERMANENTLY IN THE SITE NAUGHTY CORNER
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| Mon Oct 06 2008 7:05pm |
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WOODY179
Joined: 01 Jun 2005
Location: Derbyshire, UK
Posts: 1285
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but according to the law
Quote:If you can show that after reasonable diligence you have been unable to determine the identity of the driver, you will not be guilty of S172 failure to provide
Zambezi Silver TDV6 HSE, Privacy glass, Side steps and Maxxraxx 5 Bike carrier.
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| Mon Oct 06 2008 7:06pm |
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Gareth
Site Moderator
Joined: 07 Dec 2004
Location: Bob the Builders 'ere
Posts: 10228
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I honestly don't know ENT. If you cannot genuinely recall who was driving at that moment in time, I don't know where you are supposed to go from here. You cannot categorically state who was driving, and like you say, must surely risk perverting the course of justice unintentionaly.
Is there a lawyer in the house  Silver TDV6 HSE
Pepper White Cooper S Convertible
Old English White MGB GT
Ex Military 109 Series 2a Soft Top
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| Mon Oct 06 2008 7:11pm |
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flinty99
Joined: 17 Mar 2008
Location: Durham
Posts: 524
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WOODY179 wrote:but according to the law
Quote:If you can show that after reasonable diligence you have been unable to determine the identity of the driver, you will not be guilty of S172 failure to provide
I think this is more geared towards you genuinely not knowing who was driving the car.
I had a case a few years ago where I got a speeding ticket for my car. However the car had been booked it into the dealers. I had no idea who at the dealer was driving the car. I had to decare this and the case against me was dropped but then the dealer was forced to figure out who was driving at the time.
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| Mon Oct 06 2008 7:11pm |
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Ken
Joined: 20 Feb 2006
Location: Here & There
Posts: 4956
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Ask for a negative of the picture 
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| Mon Oct 06 2008 7:12pm |
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MacLeod 313
Joined: 18 Apr 2008
Location: East Sussex
Posts: 1599
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or just give them to SWMBO PERMANENTLY IN THE SITE NAUGHTY CORNER
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| Mon Oct 06 2008 7:13pm |
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Gareth
Site Moderator
Joined: 07 Dec 2004
Location: Bob the Builders 'ere
Posts: 10228
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Lets sat for instance you had been teaching your wife to use the D3's features, and had swapped seats several times in the process. You could genuinely not know who was driving. The only categorical thing you know is that its your car, it was speeding, and you and your wife were in the car.
No other fact can be established beyond reasonable doubt. Silver TDV6 HSE
Pepper White Cooper S Convertible
Old English White MGB GT
Ex Military 109 Series 2a Soft Top
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| Mon Oct 06 2008 7:14pm |
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