Speedin Offence

[stanwilcock]

Any advise would be very much appreciated.
I was stopped for speeding of which I will hold my hands up and was told to wait for a letter to tell me what to do next. I received this 10 weeks later telling me I could pay a fine or go to court. The problem is that the authorities have got my reg number wrong on all the paperwork. They are also asking me if I was the driver of the vehicle of which I have replied no as the reg is not mine. Do I have some legal rights at all due to their mistake?

[woofgang]

nope, you did it, don’t try and evade.

[murraymints]

sounds like you may get a pass on this...if the details are incorrect....Barmaid ..PP..NJ will know..

[TWR]

I should think this case will fail unless you were Identified driving the car by Camera.

[Hopkirk]

If you were actually stopped and gave your details to a member of the Police, then I doubt you can wriggle out (unless you can afford a good lawyer).

[EDDIE51]

As said if you admitted the offence and gave your details the wrong reg is just a 'typo' it will not affect the offence. They must have got your name and address correct or they would not have been able to send the letter. You will now be in trouble for failing to declare who was driving.

[New Judge]

Yes, Eddie is quite correct and you need to be careful.

If you were stopped at the time of the offence there is no need for the authorities to ask whether you were driving as they already know. However, if you have been formally asked you must respond. Failure to do so is a separate offence which carries six points.

If you have been offered a fixed penalty (£100 and three points) and you do not accept it within the time allowed the matter will be escalated to court. You will have to plead not guilty and opt for a trial. Presumably you were stopped by the police who must have measured your speed. The officer will be called to court and his evidence will be that he stopped you, he confirmed your identity and he will also testify that you were driving a vehicle that exceeded the speed limit. The fact that he mis-recorded your Reg No is largely irrelevant. That’s all he’s done and his evidence will be sufficient to convict you.

If you are convicted you will receive an income related fine and either 3 to 6 points or a ban (tell me the alleged speed and the limit and I’ll give you more details of what to expect). You will also pay a surcharge of 10% of the fine and prosecution costs of around £350 (but this could be more depending on how much work is needed to prepare the case for trial).

My advice – don’t try to fanny about with this. Accept the fixed penalty because £100 and 3 points is the best result you’ll get.