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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice.
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Hello, I've allegedly driven past a speed camera - 52mph

Resolved Question:

Hello,
I've allegedly driven past a speed camera - 52mph in 30mph.
The picture of the car is similar to mine but not mine - main differences are the roof of the car and the number plate and badges.
I believe my car has been cloned. I've subsequently reported this to the Thames Valley Police Force.
Further the offence was committed at 09:38 in Maidenhead, Berks. SL6 1DE on 19th March 2014
I live in Derby - DE65 6PA.
I dropped my children at school - St Wystan's, Repton - DE65 6GE on the 19th March 2014. I dropped them at 08:40 that day. This is school opening time. I then drove home.
The journey time from St Wystan's - post code DE65 6GE to that of the alleged offence SL6 1DE is 2hrs and 15 minutes - 129.3 miles
It's not possible that I was in the area of the alleged offence.
Further the Police are saying I have failed to respond to their letters between 1/4/14 and 29/4/14.
I received nothing until recently. I often have post that goes missing as there is a 1 Walnut Close, Milton, Derby with a DE65 postcode. Deliveries also go to Milton regularly.
I live at 1 Walnut Close, Burnaston, Derby - DE65 6PA.
You can reach me here - or *****@******.*** or 07788 554796
Please advise.
thanks
James
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
How I stand as I have been summoned to court on December 3rd
Expert:  Jo C. replied 2 years ago.
Are you charged with failing to identify or failing to identify and speeding in the alternative?
Customer: replied 2 years ago.

Both - identity and speeding.

My post often goes to another address - which refers to identity

Speeding - it was not my car - looks similar but not me.

James

Expert:  Jo C. replied 2 years ago.
The speeding charge will fall away either way. They have no evidence that you were the driver and you have no duty to tell them now.
The failing to identify is the issue. That is the nub of this. Regardless of cloning and reports to the police, the plain fact is that they will say that you didn't respond.
If you say that there are issues with your post then that is a defence but it is for you to prove it on the civil standard. The good news is that at the Magistrates Court I am not sure that makes any difference at all. At the Magistrates Court I suspect all defendants have the burden of proof always whatever the legal position should be.
They are going to be interested in what else has gone missing or gone to the wrong address, how you found out about this and what action you have taken about it. That is what you need to prepare.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience: Over 5 years in practice.
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