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I was tried and found not guilty of a Section 172 offence recently.
The circumstances were as follows:
I responded to the speeding NIP by letter indicating that I would like the matter to be dealt with in Court. I did not complete the form as requested but the letter provided my name and addresss. I did not specifically name myself as driver.
Four weeks later I was telephoned by the manager of the Central Ticket Office and questionned about the speeding offence in order to persuade me to give in and accept the fixed penalty. When I resisted this idea dn objected to the questionning, I was told "it does not matter, we will get you under Section 172".
I wrote again asking for more detailed information about the evidence of speeding.
Nothing happened for nearly six months then i received a summons for a Section 172 offence, but not speeding.
To cut a long story short I was eventually tried. The prosecution argued that while I had written asking for a Court Hearing, I had not used the words "I name myself as driver". My Solicitor argued that I had given the police sufficient information to be aware that I was the relevant driver and also that their actions in telephoning me to ask me to admit to speeding showed that I was the person they thought had been the driver.
This evidence and argument was accepted and I was acquitted.
Stuart Ormerod
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