Speeding Advice Please

[CarolineT]

I have received a summons for court 24th January, id love some advice as to whether I should involve a solicitor

 

2/7/2012

- my friend used my car and went through a speed camera

the first letter arrived 05/08/2012 stating 39 in a 30 - yes over a month later,

the previous two owners of the vehicle had not sent their v5s in so I had to send in my v5c

 

second letter arrived 19/08/2012 - stating 39 in a 30 they had looked at the picture on my d licence and could I check my nomination

 

I replied stating i was not changing the nomination and I have not changed it

 

the police have not contacted me since october 2012

 

I sent all mail by registered post have receipts and printed off the signed receipts

 

today I received the court summons for failing to supply the driver details

 

and also speeding 49 in a 40

- the paperwork in the court bundle is not the original nomination form

I wrote on the back of also there are two tracked letters they are not admitting to have

 

they have put in a different form to the court

- the original notice of Intended prosecution is not the one I had or completed the back of 5/08/2012

 

the police can easily check that i was not at home as they visited me to tell me my mum had died of heart attack,

i would not drive my car, i got a taxi 60 miles to the hospital

- i could not have been in the vehicle as i was in the chapel of rest

Edited January 7, 2013 by CarolineT

[raydetinu]

well did you supply the driver details as requested?

[CarolineT]

I supplied the details three times all recorded delivery i also photocopied what i had sent

[Conniff]

What does your friend say about this or haven't you contacted him ?

 

Have you had copies of the photographs they are relying on ?

[CarolineT]

I of course contacted my friend - she has faxed through her details to them 3 times

I have the picture and I can assure you, it looks nothing like me. she has short brown hair and glasses i have long blond and no glasses

[CarolineT]

Im trying to understand why they have waited 6 months to send a summons,

[Conniff]

It would seem you have two choices at this time, either write again but this time to the Chief Constable and get them to ditch this summons, or you can go to court and make a fool of them.

[CarolineT]

I have an appointment at a solicitors this afternoon, I will write again but will prepare for court

 

thank you

Edited January 8, 2013 by CarolineT

[raydetinu]

you need to consider claiming for costs etc.

[Positive]

Because of your situation, which has now turned in to a complicated case, you will need a solicitor to present your case to ensure a not guilty verdict. If you decide to employ a solicitor please ensure you are getting someone who specialises in motoring law otherwise you could be throwing money down the drain. Also be aware of the very high cost of employing a solicitor. I have just paid out £3500 to defend a speeding and section 172 charge (not being able to name the driver). A not guilty verdict was returned on both charges in my case. Was it worth it? Not likely! I could have walked away with a £60 fixed penalty and 3 points or been sent on a speed awareness course. In your case you will probably find they will drop the speeding charge if you plead guilty to the section 172 charge. This is because the section 172 charge carries a fine upto £1000 (generally £500-£600 in court) AND 6 points (not 3 points). They can't prove you were driving so they try to get you for not naming the driver. The naming of the driver has to be done on the N.I.P. (Notice of Intended Prosecution) they sent you and not on a seperate piece of paper. If you didn't complete the NIP with your friends details on then you will certainly be found guilty of not complying with section 172. You claim the photo shows you weren't the driver so you have to ensure you complied with the law, and have proof, that you submitted the completed NIP duly signed by you. Depending on your ability to argue your particular case only you will know if you need the assistance of a solicitor but it is not for the faint hearted. They tend to look after their own and make it difficult for the lay person to turn them over. Either way I wish you well and hope you succeed whichever route you take.