How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My car was photographed going through a speed camera at 42mph

Resolved Question:

My car was photographed going through a speed camera at 42mph in a 30mph speed limit, I'm not sure who was driving as the notice of intended prosecution from the police didn't arrive until approximately a month after the offence and none of my family or myself can remember. It could have been anyone of 5 drivers including myself.
The vehicle is registered to me personally but is insured on a business fleet insurance. I do not keep a log of who is driving the vehicle as generally it is a member of my family. If I reply and say that I don't know who was driving the vehicle will I end up with a larger fine than if I take the fixed penalty myself ? Also, would I be breaking the law by saying I was driving, when I'm really not sure who was driving the vehicle at the time of the offence ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What steps have you taken to identify the driver?
Customer: replied 2 years ago.

Hi Jo,

I have asked my immediate family, who were the only ones, other than me who would have driven the car.

It could only have been one of my family who was driving the car, or, as I said it could have been me. I do not recall driving it at the time of the offence and nor do any of my family, when I have asked them.

To be honest I have a job to remember what I did last week, let alone a month ago !



Expert:  Jo C. replied 2 years ago.
Section 172 of the Road traffic act reverses the onus onto you. It does not ask whether you know offhand who was driving. Of course you do not. It does, however, place an obligation upon you to investigate the issue using reasonable diligence and to identify the driver.
With personal vehicles that are usually fairly easy to do is because we can all say with reasonable efforts who was driving our own personal car on any particular day.
“Reasonable diligence" has been considered is by the higher courts and it means doing things like checking your diary, retracing the journey etc.
If you genuinely cannot do so then it is a defence to say that you had used reasonable diligence and cannot say. Sometimes haulage companies are in that position.
Generally speaking, “reasonable diligence" at the magistrates court means doing everything humanly possible. Any imperfection or failing will be used as an excuse to convict you.
Also, you should remember that the law reverses the burden of proof on to you to show, on the balance of probability, that you have used reasonable diligence.
The reversal of the burden of proof has been considered at Europe and has been held the within reasonable limits.
Moreover, if you really cannot identify the driver then you must not guess. That is potentially perverting the course of justice and people go to prison for that.
If you can't identify the driver then you need to use a particular response to bring yourself within the caselaw. You must staple the letter that you write to the nip. Do not use a paperclip. If you do they may seize on that and use it to convict you as they will differentiate it from the leading case. On that letter write the words
“The driver of this vehicle was either
A (name and address)
B (name address)
Obviously, you can only name the 2 genuine candidates.
The case of DPP v Jones says that if you respond in this way it is for the police to investigate which of the 2 candidates are responsible and it gives you a defence to failing to identify.
This case is relatively little-known and if you respond in this way they could charge you with failing to identify. You may have to go to court and argue the point. They will send you some quite intimidating letters. Overall though, if you respond in this way you bring yourself within the caselaw and have a much stronger chance.
Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice