How can I help with this please?
Sorry for the delay.
Also, I notice that you haven't yet rated two previous answers so i would be grateful if you could do that now.
Which previous 2 answers?
Here is one - http://www.justanswer.com/uk-immigration-law/7dm3h-hi-guys-need-expert-advice-brother-please-1.html
Can you see my responses ok?
I keep getting you greyed out.
What do you think is incorrect about it please?
The offence couldn't be correct at the date and time they r mentioning
Were you speeding in that area on another occasion?
Possibly, as mentioned in my original post on the left that my wife mentioned about a possible flash around 3 months back. The only possibility I could think of is the camera isn't giving the right info as they mention a date of 11 August which isn't possible.
She is in the 2nd year of her licence and is a safe driver. That was the 1st time she ever mentioned anything about a possible flash and wasn't sure.
Well, there are a variety of options.
I suppose one is that the car has been cloned.
Vehicle cloning is quite common in the UK although the problem is that clones are not usually of the same type and colour and certainly not in the same area.
Another alternative is just that the speed camera is set to the wrong date and time.
That does happen fairly commonly.
The risk of that is that the Crown will amend the particulars.
In any event though, you cannot respond to a NIP which cites the wrong time and ate.
If we assume that the speed camera is set to wrong date and time, what should be the course of action.
As I said she isn't an unsafe driver and this is the 1st event of its kind, could it be argued that the camera could have been reading wrong speed as well?
Yes, it could but thats an entirely different point really and not likely to succeed.
GATSO cameras are often set to the wrong time and date but not often recording the wrong speed.
Its an entirely different type of technology.
If its recording the wrong date and time then just write back responding to the NIP to the effect that the car was not there on that date and time.
So you cannot name the driver because nobody was.
They may charge you with failing to identify but that would be a ridiculous charge.
In your expert opinion, could we get out of this?
You would have a defence under S172 because its not practicable for you to provide.
It depends how wildly wrong it is.
Sometimes they fail to update the GATSOs when the hour goes back or forward.
When they do that its fairly easy to amend the particulars.
That can't be what happened here though.
Shall I not ring them up instead of writing?
If this is just a wild error in time and date then probably they won't be able to identify the correct time and date and would have to drop it.
No, don't call.
yes, it cant be just an hourly difference. Definitely few weeks apart
Everything must be in written recordable form.
Also, there's no point in calling. You want to waste their time as it eats into their time period.
You should use the maximum time they've given you to respond.
Although actually if this was 14th August then your 28 days will be up soon anyway.
The time to respond is approaching this week.
So I simply say.
Yes, so just get it out to them this week.
Thank you for your letter.
I am unable to provide the details of the driver etc as the car was not present at the mentioned place on the given date & time.
What happens next, I mean possible replies/actions?
Apologies, I have to go offline and will respond to your answers late in the evening now. Cheers
You probably should include some information about where the car was at that time.
come back when you like.