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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have received a Notice Of Intended Prosecution under Section

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I have received a Notice Of Intended Prosecution under Section 1 of the Road Traffic Offenders Act 1988.
The allegation says that my vehicle was photographed travelling at 36 MPH on a 30 MPH Restricted Road on August 19 2015 at 06:00 hours in west London - W14.
I have only owned the car in question for about a month, buying from a local established car dealer.
How do I prove that I was at home alone on that day and time?
I can't remember when I was last in the location in question as a passenger or driver. At least 20 years.
What should my response be?
My name is ***** ***** I am happy to help you today.
Wednesday 19/08/15 at 06.00 - where were you? Do you work? Where do you work? Does anybody else have access to the car??
Customer: replied 2 years ago.

Sorry, I intended to add further details.

At 06:00 on the 19th I was alone at home in bed. Nobody else has access to the vehicle. It was outside my house where I left it at 8.00.

I work from home.

OK and presumably the notice is asking for the details of the driver?
Is there a photograph attached? Does it show the vehicle in question?
Customer: replied 2 years ago.

Yes, it is asking for details of the driver and says the allegation can be supported by technical and photographic evidence

No, nothing was attached. I need to request one in writing if I want it.

You need to be absolutely sure that you car was not being driven in W14 on the date and time in question. Making a false declaration could easily land you in prison which is a whole lot worse than 3 points and a small fine.
Once you are satisfied that your car was not being driven on the date/time/location you need to write back to the police to tell them that you have an alibi namely that you were at home and nobody else had access to the car.
You should also make it clear to them that your vehicle was parked outside your home at the time and that there is no way that it could have been in the area at the time.
It is possible that somebody might have cloned the registration plate and that's why he has appeared but it will be down to you to establish that you were at home at the time in question you may have a diary or work record all telephone records or something else that will show what your movements were on the morning in question and in due course you may have to provide this evidence to support your defence that you were not the driver.
The police are unlikely to accept this explanation in the absence of some cogent evidence corroborating what you say. If your explanation is not accepted then you may well be prosecuted and will have to appear at the magistrates court and put forward your explanation.
But for the time being the best thing to do is to write back to the police to tell them that you were not driving the car on the date and time alleged and also asked them for the photograph of the offending vehicle.
Customer: replied 2 years ago.

I start my working day at 09:30.

How do I provide evidence that I was alone and asleep at 6 in the morning?

Had someone stolen the car overnight, isn't it unlikely that it would have been returned undamaged. My 2 sets of keys were where I left them.

I agree it sounds extremely unlikely that a thief would take the car, drive it around and bring it back to the exact spot where you left it. Whcih means that there are only three possibilities: 1. You or someone with your permission was driving. 2. Another vehicle using a cloned number plate was the offending vehicle. 3. The police have made a mistake. On your account 1 does not apply so 2 or 3 are the only possisble alternatives. The police will have an image - make, model, colour of the vehicle. You need to ask for that on the basis that a mistake has clearly been made. The police don't have to disclose this to you but as you are adamant that you were not driving you need to push for it. Once you have the image to hand you can make an informed decision.
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