SwishOvBolton

how do i get out of three points i was selling my scooby and let someone test drive my scoob and i told the **** !!!! that the road was 30 not 40 and unluckily enough the police were on the spot were they usually were , now i got the letter through for the points which i honestly at the distance we was before he slowed down thought we was safe , now i had the guys mobile no and knew his name , now hes not got his mobile on no more and more than likely blagged me with a name !

if i take these 3 points in on a ban !!!!

which i do not want at all

Gutmann pug

Prove you were somewhere else at the time or take the wrap I think.

cookstar

iTrader: (6)

did the guy not give you his name and address, after you explained to him you might have got done?

Are you sure?

Mr M Mouse
Disneyland Paris
Etc etc




A "friend" of mine has done this and it worked

Tripple'O G

Did he buy the car?
Tell em the truth. That you were selling the car, he was driving, and then after the incident he has gone A.W.O.L.

You wern't driving, so stick to that point.

I got flashed, pics came through, told them it wasn't me driving. They asked who was and I said I didn't know....no points, no fine and haven't heard a dickie since

Awd Chaddy

Why not give the police the name and tel: number of the guy who was driving (even if they are false) together with proof that you were selling (copy of adverts etc.) You might get lucky?

SwishOvBolton

cockstar , thats sounds the better 1 for me m8 , think its gonna have be that way ,

tripple og , do they have a pic of the driver , with them hand held gatso things ,

Tripple'O G

I don't know actuallly..........I seem to remember some human rights rubbish that meant they couldn't take a picture of your face driving because it invaded your privacy? or something like that. They can only say the car was doing this, then.

ADY 555

Before you tell the police that someone else was driving, was he covered on your insurance to drive you car or did he prove to you that he had insurance to drive your car ? if not 3 points on your already dirty licence is the least of your worries, they will book you for allowing someone to drive your car without any insurance with a penelty of 6 points and a hefty fine, not what you wanted to hear i guess, ask them to send you photo evidence of the car so that you can identify the driver, its your right to see it. Good luck.

nickwrxstiV2

I tried that a couple of months back, they said that because I was the legal owner of the car I was obliged to tell them who was driveing. If I didn't let them know who it was, they would endorse my license with the 3 points!!

SwishOvBolton

i would ask for video evidense i just hope that the gatso`s have video evidence , it was off one of them hand held things ,

NorthDownsScooby

you are legally obliged to tell them who was driving, regarless of if you want to "do the bird" on behalf of someone else. You could end up in a whole lot more poo if you lie.!!!

Regardless, why on earth would you want to take the blame anyway. ?? HE was driving, HE was in charge of the vehicle, HE gets the points. I take it you wouldn't do the time if he mowed someone down, so don't screw up your life on this one. Tell the police the truth and bring backup.

SwishOvBolton

its not the police i need tell im in court for it ,

GazTheHat

Peanuts

iTrader: (15)

your in court because these 3 will take you into a ban under totting up.

andy97

iTrader: (1)

You need to pop over to www.pepipoo.com and join the fightback forum. Post all your details and upload all the paperwork so that the members can look over your case. Edit out the personal details and references details

cookstar

iTrader: (6)

Its very old now

SwishOvBolton

gonnna have to go in court with witnesses , to prove i was letting someone take it for a test drive i have the guys name from his license and insurance details and mobile no , hopefully theyll have to accept it or ill have to take the points ,

TRUTH HURTS

andy97

iTrader: (1)

did you provide these details to the police, if you did and prove to be a credible witness then you should be ok. Make sure you go in your best suit and tie-appearances count for alot in court.

SwishOvBolton

i aint showed the police anything ,

pslewis

I am sure that they have heard this story before ......

The old, "I was selling it and the bloke who was viewing was the speeder, but I don't know who he was" excuse.

Now, you may be telling the truth and in that case, in court, you must repeat it ............. the court will either believe you or not.

If it were me up on the bench I would look at your past points, look at you, look at the bench and make the judgement that it was actually YOU who was driving and therefore a BAN.

Thats the way the cookie crumbles I'm afraid .............. now, if you had NO points, were Mature, and addressed the court professionally - then you 'may' have got off a ban - but even with those odds in your favour it would be a tough one to call.

Please spell check ANY correspondence you send to the court ..... it DOES help!!

Pete

Ian Cook

At the end of the day its down to you the owner of the car to prove who was driving, they dont care really, the car was speeding and you are the registered keeper, so you get the points unless you prove otherwise.

I believe all of the van mounted scameras take pics, not sure about hand held devices but i doubt it. So photographic evidence isnt an issue.

Take all the supporting evidence into court and explain what happened, it should stop you getting the ban and the points, dont lie to them, dont try to hide anything etc and it should work out !

silent running

The offence is attached to the driver, not the car. If you weren't the driver it would be a miscarriage of justice if you were given the punishment. I doubt a magistrate would take a chance on looking a **** by getting that wrong. Remember every magistrates court has a clerk of the court who is a qualified solicitor. His job is to advise the magistrates on the law. The law does not change according to the whim of the magistrates. I've been to court over speeding allegations enough times to know - not because of the gravity of my alleged offences, but because I believe it's my right and my duty to defend myself in court and put my side of the story over, rather than just make life easy for crooked police looking to meet this month's 'solved crimes' quota.

Go to court, tell the truth, get off scot free. And why shouldn't you? If you didn't do the crime, you shouldn't take the punishment. It's disgraceful that you should even think of accepting someone else's punishment. The question of whether they were insured is a sticky one, but presumably they showed you a certificate or something that said they were insured to drive any car with the owner's permission and you took this as valid. This would be enough for a court I would say.

Submit to the police/CPS the details that you have on driver at the time and you have discharged your duty to give the information to the best of your knowledge. You then cannot be prosecuted under section 172 RTA (failing to give driver information) as you have done all you can. You also cannot be prosecuted for the offence as in the absence of a photo, they can only pin it on you if you admit it yourself. And you have claimed it it someone else. If they can't find that person, that's their problem not yours. And if they are trying to prosecute with a denial of guilt from you, a signed S172 statement saying who the driver was, and no photographic evidence of their own, then that is a 'malicious prosecution' - i.e. abusing their authority to put you through it all just out of spite. And the CPS are renowned for doing this with speeding cases, because no-one likes to defend themselves.

For the record, I have personally argued in court twice against hardened CPS solicitors - just the sort of argumentative, patronising *******s you'd expect them to be - and both times had the verdicts go my way. Give it a whirl.

SwishOvBolton

silent running you the don

pslewis

Keyboard Warriors are 10 a penny ...... he is NOT the one who will be in court!!

If you are NOT the driver then go and state your case - but, like I said, they have heard it all before.

Be polite, be calm and do not lie .... you might not get a ban??

Who knows?

Pete

hedgehog

In the age of automated policing if you haven't done anything wrong then you have nothing to fear. More and more people are starting to experience the advantages of this system and to enjoy the benefits of random conviction for random crimes that they didn't carry out.

You can certainly argue your case in court and if you can supply sufficient evidence to prove yourself innocent then it is possible to mount a para 4 defence that you don't know who was driving. However, the magistrates courts were sent a memo instructing them to convict in all such cases where possible as any indication that people could "get away" with not knowing who was driving could lead to the "floodgates" opening. With this in mind it is likely that you will have to present substantial evidence that you couldn't possibly have been driving, though some courts seem much more open to the para 4 defence than others. In the end all you can do is give it your best shot, it is a pity about the "innocent until proven guilty" thing that used to be common in British law.

pimmo2000

iTrader: (6)

I'm not up on the law but most of these posts carry good advice! Dont even think of taking the points, fight it all the way, you'd be a fool not to.

billythekid

Swish, I will give it to you straight. Forget anything said on here, go and get a solicitor - tell them the full truth and get the proper advice. There are so many errors on this thread it will just make things worse. I would strongly advise you to seek proper legal advice.

DonnieDarko

Insist on PHOTO EVIDENCE-

If they can't produce a photo of you driving it & you say it was someone else on a test drive- they have no case, but it will probably go to court.

if the photo shows you in the passenger they have no case + they'll drop it.

scoobfan

I don't think it was intentional though

Rob

flynnstudio

Well if your so desperate - go to google - do a search and find an address of some random french residential address... make up a name like Pierre Chirac - give them that and the address- let them figure it out!!