speeding

[proctor]

Recently i recieved a Intended to prosecute document for speeding. Fortunately for myself i was not the driver at the time of the incident.
Ive provided details of who was driving my vehicle, unfortunately for me the person who was driving at that time was an oversea's visitor who came to visit us for couple of days
They have requested that i provide details of the nominated person i.e travel details etc....
which of course i would be unable to provide unless the person in question sends me a copy.
also they've stated that the speeding offence was caught on camera. so ive submitted a letter stating everything also stated that the photographic evidence would corroborate my claim that i was not the driver at the time.
Sorry for going on ;)
so the question is does anyone know what the outcome maybe?
Thanks

[ethandron]

There was a similar example of this a number of years ago. (Assuming my memory is correct.) In the case that I remember the Police proved that the driver was not someone from overseas but the owner of the car who was eventually sent to prison. Not that I am saying your story is not true. Did you put this visitor on your insurance? As the person was staying with you I assume that you can get in touch with him and get a letter from him admitting the offence etc. and provide all the details the police want. Going back to the case I remember the owner tried to forge the documents the police wanted.

As for outcome, if you were not driving then no case to answer in my opinion and if you were the driver - Prison.

[Ethel]

The driver ethandron is referring was a totally different colour to the foreign national they claimed was driving as the photograph proved. He did go to prison.

Here is another case with a hefty fine and suspended prison sentence:
http://www.telegraph.co.uk/news/uknews/1584807 /Speeding-ticket-couple-blamed-offence-on-frie nd-in-Australia.html

And another one sent to prison:
This month, a nurse was imprisoned for six months for trying to blame a speeding offence on her former sister-in-law, who lives in America. Joy Rees, 39, was caught at 51mph in a 40mph limit in Plymouth last July
http://www.timesonline.co.uk/tol/news/article7 24848.ece

So you absolutely must get all the necessary details from your friend - remember, the authorities can and do check with the airports so give the flight date and name at the very least.

Hopefully the camera will prove you weren't driving but there have been several cases where the registered keeper has named a foreign national to protect a relative/friend living in the UK, so give them every fact that you can.,

[proctor]

thanks all for ur reply, ive submitted details of the named person who was driving i.e name and address and have contacted the person requesting futher details.
yes i would say that the only way this could be cleared is by the camera

[bednobs]

dont bank on it - camera picture might not be clear

[New Judge]

The law (S172 of the Road Traffic Act) requires the registered keeper to provide the driver's details when requested. You have done this.

It is now up to the police (or camera partnership) to take what action they conside necessary to trace him. You have no responsibility to do so.

If they think you have provided false information it is up to them to prove that this is so. The cases cited by Ethel were of that variety, and the charge was perverting the course of justice.

[north star]

There is also a requirement under the act to provide information that which is in your power to give. So yes you do need to provide details such as where he stayed whilst in the UK, copies of emails or letters you sent him requesting his flight details. In essence you need to create documentary evidence of this persons existence of his stay in the uk, receipts, photos etc.

To stress, perverting the course of justice is taken very, very seriously. You WILL go to prison on conviction.

[New Judge]

You should not become confused by this. Section 172 is quite clear:

(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies�

(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

(3) A person who fails to comply with the requirement of subsection (2)(a) above is guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle or, as the case may be, the rider of the cycle was.

Assuming you are the registered keeper of the vehicle your responsibilities lie under section 2(a). That is, you need to provide details as to the identity of the driver, and this you have done.

Providing what you have told us is true you have discharged your responsibilities. As far as S172 is concerned you are under no obligation to help the police trace the driver and you do not have to provide evidence that he has left the country, or indeed anything else about him. If you have been asked for other details which do not involve his identity (such as evidence of travel) the Fixed Penalty Office (or the police, whoever is asking) are exceeding their powers under S172.

If more serious charges are being considered you should be have been warned, and, although not obliged to do so, you should make sure you do everything you can to help the police trace your visitor and have your version of events confirmed.