I received an NIP alleging that my vehicle was speeding through roadworks which are controlled by average speed cameras SVDD, it gives the distance 2.3 kms using 2 cameras yet my vehicle traveled 6 kms and passed 5 of these cameras one of which was on the exit slip road my vehicle would have taken, but was not one of the cameras used, all the signage indicates that the whole distance is controlled by these cameras,Yet my vehicle was measured for just over a third the distance, I have acquired the photo evidence which only shows a pair of headlights and a number plate as it was night time when the picture was taken, you can’t make out a car let alone anyone driving it.
I am fairly sure I wasn’t driving at the time which is why I asked for the photo hoping to see who was driving, and I am at this point trying to find out. Have I a case that because my vehicle wasn’t measured for the whole distance it traveled as suggested by the signs and amount of cameras in use. Who’s to say that whoever was driving might have reduced their speed and complied with the average speed in the controlled area.
They only have to prove that your car was speeding. They can do this over the entire duration of the speed trap or they can pick a section. the court will simply be interested in whether or not the speed alleged is accurate and reliable for the section in question.
The photo does not need to identify the driver. That’s why the police have the power under section 172 to require you to provide the driver identity.
If you fail to provide driver identity then you risk 6 penalty points.
Have you got any points already on your licence? If so, how many?
If you don’t know who was driving you need to name the potential drivers. You need to be confident that they were insured and make sure that you do not name someone who is now living abroad without coming back to me first. The police rarely believe that someone who is now living abroad was driving at the time.
If you don’t know who was driving then you will need to show that you have used reasonable diligence to figure it out.
I am very good at persuading the police not to take further action on failures to name the driver so come back to me if I can assist further.