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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice.
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hi, i received a speeding fine by post, i appealed and asked

Resolved Question:

hi, i received a speeding fine by post, i appealed and asked for evidence, they sent me a picture back which is very unclear and the driver can not be seen, so i asked for a clear photo and said i cannot provide driver details based on this evidence . I have flight tickets proving that i was not in the country at the time of the offence. I work abroad 11 months of the year and i could not make it to the court hearing, i notified them of this and the hearing took place without me. as i could not show my evidence or my flight tickets, i was found guilty of fal o ive information relating to the identification of the driver and i received a £871 fine with 6 points. do i stand much chance appealing the courts decision?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
On what basis?
Did you name the driver?
Customer: replied 3 years ago.

on the basis that i was not in the country therefore i do not know who the driver was at that exact time, it could be any of my sons that are insured, which i explained in my letters to the police.

i did not name a driver because i said that i cannot see the drivers face on the photo, it was very unclear

Expert:  Jo C. replied 3 years ago.
No, but the obligation is upon you to investigate and find out?
Customer: replied 3 years ago.

is it too late to name a driver now?

Customer: replied 3 years ago.

so in your opinion its not worth appealing based on the grounds i mentioned above?

Expert:  Jo C. replied 3 years ago.
Not on the grounds that you mention.
You are not charged with speeding. You were charged with failing to identify the driver contrary to S172 RTA 1988.
Come what may, you did not.
There is a defence to failing to identify in saying that you could not with reasonable diligence do so. You did not act with reasonable diligence I'm afraid. What you did was reverse the onus onto them to identify the driver by asking for photographs etc which they were under no obligation to provide.
You are guilty I'm afraid.
Had you pleaded guilty earlier then you might have shaved off a huge amount in costs but you did not and there is no point in appealing because that will just get worse.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

just to clarify,

I was abroad at the time and i could not say 100% a specific person was driving as i was not there, i arrived in the UK over 3 months later which is more than enough time for a person to forget they used my car on a specific date (date of offence). could i not appeal on these grounds? or any other grounds?

I did state in my letters to the police & to the court (whilst asking to adjourn my case until i return to the UK) that i cannot provide driver details and to do so would simply be a guess

Expert:  Jo C. replied 3 years ago.
That is not the issue. The onus is upon you to take steps to identify the driver and you didn't.
You have no appeal I'm afraid.
Customer: replied 3 years ago.

can i name the driver now?

Expert:  Jo C. replied 3 years ago.
No.
You had 28 days from the date of the request.
Jo C. and other Traffic Law Specialists are ready to help you