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Failing to name the driver
Jul 28, 2010
Could have been one of many..?
speeding 40 in a 30
Your road traffic offence question: Hi, my partner has recently received a letter with regards to a speeding offence and asking to nominate the driver at the time of offence. My partner is one of several people who have constant use of the vehicle which is registered in his name. Having returned a letter advising that he does not genuinely know who was driving the car at the time and to request a copy of the photo taken from speed camara in question. Photos were sent with no clear picture of the driver and a letter attached advising if no-one is named the onus and blame falls on the registered owner of the vehicle. Is this the case? My partner has time sheets from work to prove he was working at the time of the offence which he uses a differant vehicle for ( works van ) . Will he still be presecuted for an offence he has not commited. Would it be worth asking for the calibouration of the camara? Thanks in advance for your reply
Your road traffic offence question: Hi, my partner has recently received a letter with regards to a speeding offence and asking to nominate the driver at the time of offence. My partner is one of several people who have constant use of the vehicle which is registered in his name. Having returned a letter advising that he does not genuinely know who was driving the car at the time and to request a copy of the photo taken from speed camara in question. Photos were sent with no clear picture of the driver and a letter attached advising if no-one is named the onus and blame falls on the registered owner of the vehicle. Is this the case? My partner has time sheets from work to prove he was working at the time of the offence which he uses a differant vehicle for ( works van ) . Will he still be presecuted for an offence he has not commited. Would it be worth asking for the calibouration of the camara? Thanks in advance for your reply
Category: Failing to name the driver
Posted by: patterson
The photos rarely help when it comes to identifying the driver Im afraid. Has your partner got any points on his licence already? Has he named all potential drivers? Can you tell me why there are so many potentials?
The primary responsibility lies with the registered keeper but the police often fail to mention the statutory defence of using all reasonable diligence.
If the keeper can show that he/she did their best to figure out who was driving and its believable that they would not know then they have a defence.
There is no point ion asking for the calibration certificate at this stage. The issue here is not that you dispute the speed alleged but that you simply don't know who was driving at the time.
Your partner is at risk of 6 points if he does not manage to resolve this matter without a court summons.
We have been getting involved in these types of cases very early over the last 6 months and out of the last 55 cases that we have taken on only 5 resulted in a court summons - the others were dropped.
Would you like my help with this matter.
I charge a fixed fee of £250 plus vat for this service.
At court I defend over 95% of these allegations and get over 83% withdrawn without trial so we really do know what we are doing.
Come back to me if I can assist further