Twenty Two Years And Counting.
ChatterBank9 mins ago
i got a speeding fine!!
I recently got notification of intention to prosecute after being flashed by a gatso doing 33 in a 30 zone.
The problem is, it wasn't me driving, it was a friend from South Africa who was visiting.
If I name him as the driver and give a South African address will they pursue the matter.
What if he has moved on from the last address I have and cannot be traced, will I be held liable as the registered keeper?
If I give a name and address of this person in South Africa that they are unable to trace, will they hold me liable and increase the penalty as a result of having to do more work?
Would the police be prepared to put the time into tracing passenger lists to check whether this named person actually did enter and leave the country? Is it just better to take the fine and points myself in case they say I have lied and attempt to prosecute for perverting the course of justice??
An interesting dilemma, any budding legal eagles care to comment on the possible outcome?
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That old chestnut eh?
Supply them with as much detail as you possibly can about the person who was actually driving. If the camera was a standard Gatso (faces the rear of the car) they can't prove it was you driving anyway. If it was a Gatso Truvelo (digital, faces the front of the car) they'll be able to see it wasn't you and it is then up to them to track down whoever it was that was driving.
In your position I would give them all I know about the driver and see what happens. It will only go as far as them saying "Oh, it wasn't you." Just because it was your car, it doesn't automatically mean that you are liable.
Hi, It is my understanding that the law allows a 10% increase in the speed limit to allow for irregular speedometers ie 33 in a 30. 44mph in a 40 and so on. If they have been picky enough to summons you for it it could be wise to be honest initially as the police place it in the hands of a prosecution counsel who decide if it is worthy of further action. The police may have flashed you incase the car was stolen or uninsured and if it is OK you very well might not hear about it again. Hope this helps and sorry for the essay, Andy
Whether you were driving or not, if they cannot prove that you were driving (something they could only do if you were snapped from the front, which is unusual), providing the details of someone from overseas is a guaranteed way to get out of a speeding ticket, and I'm speaking from experience. Your legal duty has been fulfilled when you complete the NIP (with the details of the other driver) and you are not required to provide any other information. In my experience, they won't even bother writing to an overseas address, so it could even be made up. They will write back to you asking for flight/ferry details/dates, etc. I wrote back and said I didn't have this and have forwarded their letter to the driver (in the US, in my case). They replied to say that the case had been dropped - having no other evidence, they had no choice.
Further to my previous post, above, I was also concerned/worried as to what lengths they might go to, even having read at least one other case history demonstrating that they wouldn't/couldn't do anything. I wondered whether they might try writing to the overseas address, although I have seen no evidence that they would bother. In my case, I used a real address (a relative), but made-up the name. The didn't write, of course, except to me, as outlined above, to provide dates/flight numbers, etc. As one is not obliged to provide this info - how could you be? - I responded, as outlined above - end of matter. In a previous thread on this website an ex-traffic cop outlines the same strategy and avoided about 5 NIPs in the space of 18 months - in one instance he was brought before a magistrate but, again, since they had no evidence against him and he had fulfilled his legal duty - completing the NIP - the case was immediately dropped. I repeat, you are under no obligation to provide any other information than that asked for in the NIP - the driver's details.
Seems pretty harsh for them to pick up on your friend doing 33 anyway. Like someone already said, spedos only have to be accurate to 10% so your friend could have thought he was doing 30 but the spedo was 10% out. That's why they usually allow you 10% of the speed limit plus 2....or at least that's how it works in my area.
Try not to worry about it, it wasn't you anyway so you've done nothing wrong. I know many people who have said they've never paid them and have never been made to. Although to be honest if it was me and I had been driving i would just pay it, too much of a worrier! I'd be having nightmares of the police arresting me in the middle of the night....but anyway that's off topic.
Hope it all works out.
Hi
I also did not have a driving licence number or telephone contact - I have just supplied them with name and last known address I have and await their response.
Sugest you do the same, but can't guarantee it wont come back to you as the registered keeper. But I feel that I have now done all that is legally required of me and supplied them with all information relating to the driver as possible.
Let me know what you do and we can compare eventual outcomes, I presume I will be a little further down the road (if you'll excuse the pun!) than you.
Just in case anyone is interested.
I sent them a letter saying i did not know dates of arrival / departure etc. Was a bit worried cos they asked for insurance details which I didnt have and it is the keepers responsibility to ensure drivers are adequately insured. Also wanted to know the address the person i named was staying at whilst in the Uk, which I also couldn't provide.
I heard today that they will not be pursuing the matter any further.
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