We Couldn’t Work Out Who Was Driving

Question:

Is it right that my husband (registered owner) has been convicted (fined and 6 points) for Sect 172 despite him asking for photographic evidence (sent to us on x) prior to the 28 day rule(NIP dated x) and writing back stating that the identity of the driver WAS either my husband or I, again prior to the end of the 28 day rule (letter sent x).

Coupled with the fact that we were able to eventually work out that it was me driving and I sent a letter of admission (0n x prior to adjourned court case on x), pleading guilty by post to the original offence of Failing to comply to a road traffic signal.

I explained that I was able to do this through finding out that a friend’s text message memory was greater than expected and seeing a text triggered my memory for that particular journey.

I should also add that the original N.I.P. states in writing that the penalty for Sect 172 is up to £1,000.00 fine and ONLY 3 (not 6) POINTS? Despite this they continued with several adjournments and then convicted my husband of Sect 172 (£525 fine 6 POINTS).

Dominic Says:

If your husband did his best to figure out who was driving at the time that he was asked then he had a defence.

The problem is that you did manage to figure it out in the end so this would have weakened his argument that he did his best at the time. In some ways it would have been better if you had never managed to figure it out.

If he did his best at the time though he had a defence. If you would like to appeal come back to me and I will be happy to assist. I defend over 95% of these matters and normally persuade the CPS (over 82% of the time) to withdraw without trial.

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