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John
John, Solicitor
Category: Traffic Law
Satisfied Customers: 1896
Experience:  10 years legal experience
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I received a fixed penalty notice for speeding. But at the

Customer Question

Hi
JA: Hi. How can I help?
Customer: I received a fixed penalty notice for speeding. But at the time of the incident it was not me driving the vehicle but a potential buyer for jf
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Luton Bedfordshire
JA: Do you need to appear in court?
Customer: No not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This person did not purchase my vehicle so I cannot provide their details As I do not have it
Submitted: 11 days ago.
Category: Traffic Law
Expert:  John replied 11 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 11 days ago.

Thanks for your message, I appreciate it is important to you.

Do you work for a dealership or was this a potential private sale?

Customer: replied 11 days ago.
just to give some context. It was a potential private buyer in Luton. Who wanted to test drive the vehicle. They presented a full UK drivers license and I accompanied them based on trust.
Expert:  John replied 11 days ago.

Ok thank you. It is an unfortunate position because under section 172 Road Traffic Act 1988, you are required to provide the identity of the driver and failure to do so in itself is a separate offence to that of speeding.

The difficulty you are faced with is proving what you are saying to the authorities. Not to disbelieve you, but without evidence to substantiate your claims you may be penalised for the speeding offence if you are the registered keeper, as the courts may just see that as an excuse.

Going forward, you have the option of disputing the offence and hoping you are believed, which may prove difficult without any valid evidence, or unfortunately, just accepting the charge. If you are unable to obtain the identity of the driver, it may be more cost effective to accept the charge, just for the reason that disputing it, and subsequently losing may increase your fine and points liability.

I'm sorry this is not the news you wanted to hear but I do have a duty to be honest with you.

Expert:  John replied 11 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 11 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John

Customer: replied 11 days ago.
I have a name and potential address of the person. Would what be sufficient enough for the courts/police?
Expert:  John replied 11 days ago.

Yes, if you have details then you should use it. My advice above was on the premise you did not have any details. However, if you have a name and potential address then you should use that.

Customer: replied 11 days ago.
Thanks for your prompt replies. And what if they ignore the letter send to them or left the country. I don't want it circling back to me unfairly.
Expert:  John replied 11 days ago.

As long as you can identify the driver,, then you will discharge any liabilities in respect of the speeding offence. If the individual in question is unresponsive and/or left the country then that will be a matter for the police to decide if they still wish to pursue them.

Customer: replied 11 days ago.
Thanks for your assistance. One last question, the police wouldn't turn upto my front door demanding a courts summon or anything would they? I've never had run ins with the police in my life so this is all new to me.
Expert:  John replied 11 days ago.

No, it does not work like that. The police would not just turn up at your door.

Customer: replied 11 days ago.
John thank you so much. You've put my mind at ease. I will follow the advice youve given me and provide the name and address of that other driver. Hopefully that'll be the end of that. Thanks again ans have a great weekend
Expert:  John replied 11 days ago.

I am glad I was able to help. Have a great day.

Customer: replied 11 days ago.
Hi John, apologies just one more thing. When I provide the details on the pcn, do I need to provide them with details of the actual incident on a separate piece of paper?
Expert:  John replied 11 days ago.

I do not believe that is required, but you may choose to do so if you feel it would assist.

Customer: replied 11 days ago.
Legend! Thanks once again! Have a good one.
Expert:  John replied 11 days ago.

Many thanks, ***** ***** best.