Thanks for the quick response. As stated - no one i spoke to regarding the matter has taken responsibility, and i cannot remember receiving a flash at any point myself.
PS forgot to mention before. the six points i have remaining on my license was for failure to provide the name of driver for another speeding offense where after 6 weeks of receiving the nip I wrote on the envelope " no contract returned to sender" later discovering that i was 5 and a half weeks to late and on receiving my summons i wrote i letter apologizing for my mistake saying i had been mislead by a internet site and wouldn't do that again ( i got back in my box) don'tknow if that will have any bearing on this case but thought you should know.
Well i have spoken to all the people that could have been driving i.e. anyone that has had access to the vehicle around the time of the alleged incident that i could think of.
However it was quite difficult to pinpoint a who drove it and when as i was having to cast my mind back from Sept 2014 when i got the summons (the first time i had any knowledge of the offense) to Feb 2014 when the offense took place.
I asked each one if they had remembered getting flashed by a gatso at the cameras location and they all said that it was nothing to do with them. They are all friends that i trust and anyone that would have been flashed i would expect to own up to it.
Is there anything else that i can do?
Many of my friends have periodic car trouble as do i. For those that have insurance that allow them to drive other vehicles so long as that vehicle is insured i am happy to let anyone borrow my vehicle if they are in need and regularly do anything to help a friend.
Whether its for MOT reasons, car breakdowns, or even that i can't be bothered to drive if we were going together to visit friends or the beach. I have had periodic back problems over the past year. There are many reasons.
I have just phoned round the friends in question trying to pinpoint in more details when they were driving the vehicle, if they can remember where they had driven and why and whether they remember getting flashed by a gatso. I am still no further forward
If it is my burden of proof to drag my friends into court and call them untrustworty over something trivial like a speeding ticket when it can only be one of them out of 6, and have them all bear their lives out in front of the court then i would just prefer to change my plea and plead guilty to the charge of exceeding the speed limit stating that i can have been the only person driving the car have followed my due diligence even though i don't remember being flashed and ask that i be allowed to go on a speed awareness course. Rather than risk loosing 5 innocent friends, which ever ones they may be.
With regards ***** ***** failure to provide the name of the driver and my extenuating circumstance, i.e. that i didn't receive notification and that my letters were sent to a non existent address. To satisfy the burden of proof would letters written and signed by:
1 My girlfriend stating that i was staying with her at her accommodation in kent and the dates i was there
2 a letter from customers and colleagues in Derby stating the dates when i was working there
3 A letter from my neighbour confirming that he had forwarded post to me on several occasions to my girlfriends address and not until we realised that the address was incorrect were we able to rectify the problem.
Is there likely to be a problem with my previous conviction of failure to provide the name of the driver?
Should i contact the prosecutor at all to see what evidence if any they are putting forward for the case?
When do i plead guilty to the charge of the speeding offence?
When can i ask for the option of going on the speeding awareness course?
my mum asks questions like this, sorry :)
Hi Jo my girlfriend is not going to go to court. She is already fed up with the situation.
Is it too late to claim then that i was the driver but at the time of writing my original plea 4 days after receiving the postal requisition i had not remembered. It wasn't until a discussion with my girlfriend a couple of weeks later that i remembered i have just trying to stick to what i had written in my plea, which was that
"i didn't recollect the speeding fine occurrence" and that "there are 6 different people who have had regular access to my vehicle over the past 2 years. I have been trying contact them to see if they had any recollection of the incidence.This process is ongoing but out of the three that i have spoken to so far i am no further forward to resolving the issue. I have not been able to contact the other three yet but will keep trying."
I don't know whether my friend will give evidence in court yet but if he doesn't agree and they do take my license from me i fear that i could lose my girlfriend and family
Will the CPS drop the failure to id if i plead guilty to the speeding, how would i go about that please.
I do remember but i didn't at the time of sending in the plea i think i was feeling a bit rabbit in the headlights...
Would i contact the CPS before the court date, or on the day before going into court, or would i do it all in the court room
So once i speak to the prosectuor outside the courtroom and say that i would like to plead guilty to the speeding offence. do i ask the prosecutor about the speed awareness course or do i ask the magistrate that.
Thank you Jo, I really appreciate your help, i was very wary after reading a lot of bad reviews about Justanswers i will endevour to redress the review balance with a good positive review on a few sites. You highlighted some important issues for me and probably/hopefully saved me from loosing my license which will hopefully stop me dropping into a financial hole. I am really looking forward to my new job and the optimism (i believe ) is helping my prolapse discs to sort itself out. My girlfriend is wonderful, we never argue. However we have had a wobble recently due to finance.(it's the only issues families ever fall out about long term) I don't think it would be fair to force her to go to court so if i can avoid that i would definitley prefer that option.