greenshed wrote:
Be very wary of some firms who will encourage you to seek a way out by accepting mad schemes about clerical errors or technical points. I have just observed this very day someone who now owes the court a few quid short of £3,000.00 and has another 3 points on her licence. Not only that she owes her representatives for advice, a magistrates court hearing, an expert's report, a barrister to represent her at an appeal +VAT. Probably another £3,000.00 as an estimate.
Indeed, be very wary, Nick Freeman has made an extremely good living by totally exonerating 99% of his clients by exploiting clerical and technical points of the law. Whilst greenshed has made a career in a very mundane office where he has nothing better to do than pretend to be a safety camera expert. Let's be honest, you have to be pretty near rock bottom if that is your fantasy!
Let's be clear, not actually committing the offence is in fact a technical defence!
Back to the actual question!
My advice would be, if you were the driver, and you are positive, then fill in the S172 declaring this. This fulfills your legal obligation with regard to naming the driver. Insofar as the speeding offence, to be honest, if you were speeding it would probably be far easier to just cough up and suffer the 3 points. However if you are unsure, I would send a letter making it clear that you intend to plead not guilty, and that you would like to see the evidence held against you.
Most safety camera partnerships will drop the case at this point, since they only want the money, not the hassle. However some will send the evidence, and continue with the case. In this eventuality you need to consult a motoring solicitor who will almost certainly be able to find a gaping hole in the prosecution case, since the partnerships are extremely slipshod (or even incompetent) at evidence gathering and management of staff. Legal advice however does not come cheap, expect to pay several hundred pounds for representation.
Although you will ultimately be reimbursed by the CPS if you win, they take up to a year to actually cough up your costs!