Hi weevil,
as usual the advise is to go to pepipoo.com
follow the instuction on the sticky posts at the top of the forums,
you need the 'Judical Process'. Make sure you spend an hour or so reading the FAQ's and links so you get the picture.
Quote:
Firstly, i am pretty sure that I was driving the car, but I am not 100% certain
There is an unsure of driver defence it uses section 172 of the RTA subsection 4. This says you must show resonable diligence to accertain who the driver was. If the court think you are lying or you don't show the level of diligence you risk a higher fine up to £1000, likely £250ish and the same points as speeding offence (3pts for you) and its a worse code on your licence than 'speeding in 40' as far as insurance is concerned.
(as your really classed as dishonest!)
That said I had to use that defence as I was actually unsure and though they treatened me the case was dropped 3days before trail.
Quote:
Firstly, i am pretty sure that I was driving the car, but I am not 100% certain
I repeat as you don't sound like your unsure at all. Don't go posting up messages which could be conceived as basically saying 'how can I get off', risky, I'm sure you don't mean that at all
Quote:
Look up the "Hamilton defence" you may find this intreasting.
I think this is referring to Neil and Christen Hamilton ex-tory non-celebs they said they didn't know if it was either of them and won basically, though aparantly they used an awful arguement which didn't really show and 'diligence'.
Read this for some advice I gave.
http://www.safespeed.org.uk/forum/viewt ... baf8#85520
For 'unsure of driver' you need to request a photo of the offence
(pepipoo has draft letters) this will show the driver and you fill in the NIP and be done.
It could be a yellow gatso and the photo is the back of the car which means you write saying you have exasted all forms of assertaining the driver id., please suggest others, have discussed with other drivers and used a map the trace journey, have re-visited site with other drivers to re cap memory + took photos of site, have check bank statements, recipts, emails, diaries... If still can't assertain driver give a list of the possible drivers, Name, Address, D.O.B, Driving Licence No.(all that the NIP asks for basically) say still unsure. SIGN THE LETTER and post SPECIAL DELIVERY. You could breifly explain why you don't know too, 'use this stretch of road many times a day and me and my wife share the car on most days (make sure the other drivers are insured to drive the car by the way!)
Well that's enough, there's more details on pepipoo. Don't use the defence if you know who was driving though that would be lying and could mean purgery in court.

Best of luck and have a good long read of pepipoo.
