Free Traffic Legal Advice

Of course I want to plead not guilty - I cannot possibly fathom taking responsibility for an incident especially when I've done nothing wrong!

The NIP was responded too, the police themselves when I called to report the possibility of a cloned plate had said that its possible because I couldn't nominate someone that the response went down as not received. But they were understanding that I couldn't identify a driver as I know my car was in my control so how could they expect me to?

The area is on the other side of town that I do not visit. So there is no way I was there..

RE

Dear Central Ticket Office Team,

I have received a speeding offence which I am disputing, details below:

CTO Reference: Registration:

Make

The notice states the vehicle was driven in XXX at XX

I am disputing this as the vehicle XXX was most definitely not in this area, let alone being driven at this time.

The vehicle was infact parked at XXX at the time of the alleged offence. This address is the home of my daughter the main driver of this vehicle.

The vehicle was driven the first time on this date when my daughter left the
house in the afternoon to attend her 8 week postnatal check at the GP at 13:48. am including a screenshot of the following as evidence:

My daughters Google Maps Location Timeline history on history. The first journey is recorded as leaving her house at 13:48 showing her travel

- A screenshot from the video Eufy doorbell. This doorbell only captures and records moments where movement is detected rather than continuous recording. The first recording on XXX shows her leaving the property to enter the vehicle in the afternoon. The vehicle is parked the driveway. There are no recordings earlier than 01:34PM as movement was detected.

-Photo of front and rear as the car was at the time of the alleged offence (parked on driveway)

I am not certain whether there are any continous recording Council CCTV cameras at my daughter's location with a view of her driveway. I would request Police to investigate this as I do not have the right to access private footage due to GDPR regulations. If so, please view footage from the alleged offence to prove the vehicle was parked on the driveway. I also urge the team to check ANPR recordings from which will prove my vehicle was not driven in that area at that time.

I have provided an explanation and all the evidence available to me. Please provide written acknowledgement of my dispute and what actions have been taken.

Yours sincerely,

Your daughter was effectively the keeper.  You should have nominated her.

I hope you are not suggesting you've been 'fronting' = your account looks dangerously like that might be what has been occurring.  You don't seem to have any reason for being the registered keeper at all?

Your email response is potentially your get out here - you cannot be found guilty of the speeding offence as no driver nomination was made (apparently); so it falls to the Failure to Provide charge, and what you wrote in the email is going to be of key importance and whether you can prove it was delivered (the same applies to your written response, but it appears that was not received).

This was the word for word response I sent as the body of the email:

Hi,

Attaching a copy of my letter disputing my vehicle was at the location on the date of offence per my notice letter.

I've included a printed copy sent in the post however wanted to include a digital copy of the letter for the image quality.

My subject line was my reg and CTO Ref from the NIP.

Also no - please don't assume "fronting". My daughter has insurance with herself as the first driver and her own address. I am only the keeper because I bought the car as a grad. present and the finance term has only just ended. On her insurance paperwork the registered keeper is myself - I'm sure this is allowed?

So the incorrect road name is now irrelevant it would seem (and probably never would have helped anyway if the road it referred to was 'obvious').

The S172 request didn't ask if it was you, it asks you who was driving and that is what you needed to tell them.

If all you said was that it wasn't you driving you appear to have committed the offence of failing to furnish driver's details. You have to either ID the driver or (summarising) give them information that would help identify the driver (even if that is 'it wasn't my car, my car was on the drive under my control at the time' as an example).

Perhaps tell us what you meant/should have said and see if we can help you dig yourself out of the hole you are now in.

Could it have been your car there? (the road name you seem to think it was) at any time.?
If so who could have been driving?
Or do you think they misidentified the car?

I did explain in my response that I couldn't identify the driver as my car was on the driveway of my daughters house at the time of the alleged offence and she hadn't drove. I thought it must be a clerical error until the SJP paperwork received months later showed the reg on a vehicle. I am still unable to identify the driver as I have no idea who it is

I received a NIP with a typo on the road name and a date of 10/11/23 at 06:00. This wasn't me at all so I replied back saying I wasn't the driver and attached evidence of my Google Timeline History and a request for ANPR cameras to be checked as I didn't have the authority to do this. My vehicle didn't leave my address.
I also emailed a copy of my supporting letter across to the camera enforcement team and no response was received.

I received a SJP bundle saying I had two offences. One being the original offence of speeding and another being failure to respond. In the bundle, the paperwork evidence shows a timestamp of another date  and time (17/11/23 at 2:30) with a PC statement saying the car was caught with a camera but the officer was assisting elsewhere and unable to stop the vehicle.

I've been summoned to court after responding not guilty and declaring that the NIP and SJP bundle are two separate dates - neither of which are me.

Could someone assist me in how to conduct myself in court? My car was parked at my daughters address as she is the primary user of the vehicle and I've asked her to be a witness.

As the officer didn't stop the vehicle there isn't any evidence of who the real driver was. Police suggested calling 101 to report a false plate which I tried but they were unable to because there isn't a way to check the cameras that far back.  I am wondering whether other actions need to be taken.

I was hoping to point out the errors to the Magistrates Court however not sure how to go about proving I did actually respond back to the NIP besides my email.

Thanks so much for your help