I was sent 2 speeding offences notices of prosecution last year, I called the relevant police department and told them on 1 of the days I was working and it could not have been me speeding at the time in question and also that I used my vehicle to attend work on that specific day, I also told them they could check CCTV to confirm I was at work and so was my car.
I asked for photographs of the vehicle to see if I could identify the driver however on both offences the driver could not be seen. Time and time again I wrote to the police and called them to assist them with this matter, I have been driving for over 10 years and was shocked 2 speeding offences were committed in a short space of 16 days.
I specifically asked the person on the phone when I called if I should send the form back they said no as if you send the form back then we will give you the points and fine, I was told to provide evidence of being at work which I did and I was asked for photographs of my vehicle which I also provided.
I sent several correspondence to the police and also received several correspondence back from them not at any point did they ask me to fill the form and send it back, any instructions they gave me I followed.
I was told if I could provide evidence of being at work I would not be prosecuted once I provided the evidence I did not hear from them for 3 months or so and then I was summoned to court for the offence of not providing the driver details, I tried to get a solicitor but was told I would have to pay £1000 I went to court and represented myself.
I have never felt so humiliated and upset after a year of stress for no crime of my own I was found guilty of not providing driver details and am facing 12 points and a fine and court costs and disqualification the magistrates did not accept my defence of reasonable diligence, it was the most traumatising experience the prosecution was set on humiliating me and making me look like a liar.
I made every possible effort to assist the police yet this is what I get in the end what kind of justice is this????!!!! I am considering appealing after sentencing on the 12 July 2010, from what I know the appeals will go to crown court I have been told I will have to pay up to £1000 to fight this but I have to fight it I have not done anything wrong and tried my best to identify the driver.
I have witnesses and proof of both occasions and I was not driving. What can you suggest I have been told it is harder to convince a crown court judge? Is legal aid a possibility in the interest of justice?
It’s is just unbelievable people driving with no license and no insurance get off lighter than this. This punishment is similar to those who take the police on high speed chases endangering lives, yet I have no criminal record no points I work for the community yet this is what happens to me, totally heart breaking.
I’m afraid that you wont get legal aid to help with this matter.
You are now at risk of a 6 month ban.
You can either appeal the conviction or just make an exceptional hardship argument to try and avoid the ban.