Alledged speeding offence on a motorbike

[YanIdwads]

I received a conditional offer of fixed penalty notice in May 2012 - 76mph in a 60 limit. The registration was for my motorbike (which has a private plate). I completed the Section 172 decleration as the owner, but pointed out that I didnt believe I was on the road that day (13th May) and asked for copy of the photographic evidence.

I then received two photographs showing a BMW motorbike, but no picture of the registration plate.

I responded reiterating that after reviewing the information that I cannot recall being on the road that day (Sunday) but that I did however travel on the road the previous day (Saturday) travelling over to Lincolnshire with friends. I carried out my own checks (my diary but have nothingn in it for the Sunday and I have no fuel tickets on my visa or bank card for the Sunday).

In addition, the photographs do not show the number plate and the riders jacket is different to mine (picture shows white patches on the arms and mine is all black)

I therefore completed the Section 172 information again, but pointed out that I therefore could not tell from the information provided and my own chekcs that this was me hence cannot confirm it is me or my bike!

in July I received a letter stating that 'no completed and signed responce had been received' or the the 'responce received does not meet the legal requirement to provide full driver details.' The letter then threatened court proceedings under section 172.

I again responded refering to my previous letters and that I had completed the information under section 172 but (as I could not rememeber travelling on that road on the date in question) that I was unsure what else I could do (referencing no number plate, jacket was not like mine, personnal checks with friends etc did not tie into the date).

I then received a telephone call from a policeman stating that he had been asked to investigate - He stated that the picture came from a camera inside a roadside van and the operator then wrote down the number plate - hence why they had the number plate but no picture of it. He then stated the operator had also made the point that it was an unusual plate ('like a car number plate' rather then a bike-style) - I pointed out that this was not correct and the number plate is a standard 'square' bike plate!

Throughout the discusssion I was given the impression that they would prosecute and I had little choice - i.e. it was easier to take the 3 points and fine!

After discusion with a solicitor, he advised me not to simply accept this but I have now received a court summons, charged with 'failing to give information re: drivers identity as required' 15/6/12 and speeding exceeding 60MPH - automatic camera device 13/05/12.

 

My initial assumption was that they had the wrong day - they are oviously adamant the date is correct, but I am sure I was not there on the Sunday (I was definately there on the Saturday)

 

Sorry for the long winded post but any advice would be appreciated.

[Toque]

In addition, the photographs do not show the number plate and the riders jacket is different to mine (picture shows white patches on the arms and mine is all black)

Their evidence is a photograph that identifies neither you or the bike? Sheesh. Apart from the lack of a plate, does the bike in the photo look different? If it's clearly different, then problem solved.

 

... the operator then wrote down the number plate - hence why they had the number plate but no picture of it. He then stated the operator had also made the point that it was an unusual plate ('like a car number plate' rather then a bike-style) - I pointed out that this was not correct and the number plate is a standard 'square' bike plate!

Let's face it - he's lying and not very convincingly either. Furthermore, as you were not there, where did he then get your number from? I have a feeling that there's a serious offence here. Are they on commission or incentive scheme? I would definately contest this in court and put him in the box.

 

As for 'failing to give information re: drivers identity as required' , you have denied that you were there. If you weren't there, then how can you supply the drivers details?

 

It's up to them to prove it - and they can't. No photo and the operator can't even describe the bike properly. As long as you are articulate and present a lucid defence, you should win.