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- - nips pics and cops (http://forums.sv650.org/showthread.php?t=123210)

Re: nips pics and cops

I'd go to court but the missus is the registered driver so she'd be the 'main act' here and shes not keen. Not for 60 quid.
Ho hum.

Re: nips pics and cops

Unfortunalty the keeper of the vehicle by law has to disclose who the driver was (when served with the appropriate papers by the police). So if you cant/dont then the keeper commits an offence which carries the same points and fine as the speeding.:(

Re: nips pics and cops

Quote:

Originally Posted by skeetly (Post 1733823)

I'd go to court but the missus is the registered driver so she'd be the 'main act' here and shes not keen. Not for 60 quid.
Ho hum.

There was a case quite recently very similar to yours (though not in North Wales).

As I remember it, there were two possible drivers. The registered keeper of the vehicle asked for a photo to show who was driving, and when the photo arrived, replied with a statement of "I can't see clearly enough from the picture, but this is a list of the two possible people that could of been driving at the time, with their name/address etc."

This picture was of the front of the vehicle, but not clear enough to distinguish the driver.

A court summons turned up for both people, and off they went to court. In court, they both stated that they couldn't remember if they were driving at the time, but that it was a possibility.

Owing to the fact that the judge couldn't determine which one of them was driving, and they couldn't prosecute someone for having a faulty memory, the case was thrown out, and the registered keeper didn't have to pay any costs etc.

I'll try to dig out some more specific information (with links) to the case. It's going to be a VERY quiet evening in work... :)

Re: nips pics and cops

I had a red light camera photo taken of my car but I wasn't sure if it was me driving. Letters went back and forth until Surrey Police accepted to drop it without ever going to court.

Re: nips pics and cops

Quote:

Originally Posted by Paul the 6th (Post 1730884)

funnily enough I know someone who managed to get out of any points or conviction etc, simply because they couldn't identify the driver from the photo evidence.

They requested photo evidence and it was not clear at all who was driving, so they sent the NIP back unsigned saying they couldn't remember who was driving and the picture wasn't clear enough to recognise who the driver was (and it really was unclear)...

Police wrote back asking "we need all the names of the drivers who it could have been then"... two names & addresses went back... little while later they both received a summons to court. They both attended court with the defence "we can't remember who was driving" with section something or other of such and such human rights act - that it's against a persons human rights to prosecute them for having a bad memory..

Anywho, lots of back & forth but in the end the judge agreed that she couldn't prosecute them on the grounds of having a bad memory. I'll see if I can find any info about what I've said above :)

Baph has said the same as me above :)

Re: nips pics and cops

Quote:

Originally Posted by Paul the 6th (Post 1733947)

Baph has said the same as me above :)

Could even be the same case, but I didn't read about it on here as I remember thinking "ooh, must post that." But I never did. :(

Can't remember off-hand where I did read about it though.

Re: nips pics and cops

hey no worries baph, it was actually my mum & dad who had to go through it around 2-3 years ago. My dads mum was ill in hospital with severe alzheimers (spelling?) and he was incredibly busy with work, and my mum was rushing around trying to help my dad as best she could. Neither of them could actually remember who was driving and in the end it all went as I described in my op... They decided they weren't going to sit back and accept it :)

Re: nips pics and cops

If anyone's still interested...
I had an 'informal' chat with a lawyer mate who knows about these things.
Sorting it out in court would very likely work but would probably require
witnesses as to our whereabouts. As the witnesses are oldies this wasn't
really a goer :(
So we suddenly remembered that it was really me who was driving and I
really did deserve to be eventually caught.
Did the forms and I have been offered the alternative of a 'speed awareness'
course for 60 quid so I do believe I'll go see what that's about.

Thanks for the help, comments etc

/waddles off feeling uncomfortable in the nether regions...

Re: nips pics and cops

the wife did the speed awareness bit of classroom speed kill da da da then out with an advanced driver for a bit (not plod by the way) job done