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Red Light Camera

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Old 10-05-2004 | 08:35 AM
  #1  
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Default Red Light Camera

Mrs Nads today recieved "an intended notice of prosecution" from Sussex police for going through a red light. They say they have photographic evidence but didn't provide any.

However she is not sure if she was driving the car at the time, as other people at her work pop out in it. Even though it is not a company car.

She can't remember who it was and nobody suprisingly is owning up

I am going to ask for the photograph to see if it identifies the driver. If it doesn't what should I do?

The thing is that she has 6 points already, so is keen not to get anymore!

Thanks for the help chaps.
Old 10-05-2004 | 08:53 AM
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Do nothing. Only 3 more points and the roads will be safer for us all

Don't think you'll get the driver on camera as the pic would've been taken the rear of the car so won't be able to tell who was driving.

If shes the registered owner, points automatically go to her. Nothing you can do.
Old 10-05-2004 | 08:57 AM
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Request the photo, say you need it to find out who was driving. If photo doesn't show who it was, say you have no idea who it was and have no intention of lying to the police or a court.
Old 10-05-2004 | 09:06 AM
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I hope this helps Section 172 Road Traffic Act 1988

172.
Old 10-05-2004 | 09:54 AM
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Although 'unfair', it's ultimately the responsibility of the registered keeper to know who was driving. If they can't provide the details of the person actually driving then they must take the rap.

Simple solution is to record who uses the car and when, especially in the workplace! Yeah, it might be a hassle but less hassle than getting points and ultimately banned. Do you currently have the time/date of offence? Can you narrow it down to who it might be.

All hindsight of course, but it may prevent it happening in future.

If you 'know' who it was and they're not owning up, keep quiet and 'borrow' their car for a little dash through the local speed cameras Have an 'alibi' too
Old 10-05-2004 | 09:59 AM
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Originally Posted by Dracoro,Oct 5 2004, 06:54 PM
Do you currently have the time/date of offence? Can you narrow it down to who it might be.
:idea: Could the missus check clock-in / clock-out times at work to help narrow it down ?
Old 10-05-2004 | 10:20 AM
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You do not have to incriminate yourself or the driver. My boss used this one on a company car. Ended up with
Old 10-05-2004 | 11:21 AM
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IIRC, it's actually the company secretary who takes the wrap (Ltd Co, ovviously!) for not keeping proper records!
Old 10-05-2004 | 11:34 AM
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Nope he is a director it is a Ltd company, he used the company brief to argue the case!

(his wife was driving his company on two occassions!)
Old 10-05-2004 | 11:49 AM
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Originally Posted by Chris Type R,Oct 5 2004, 05:59 PM
:idea: Could the missus check clock-in / clock-out times at work to help narrow it down ?
I think the photo will give a time so that may narrow it down.

If she can prove it wasn't her and has used "reasonable diligence" to try and find out who was driving then she has a defence - see sub-section (3) quoted earlier.

I doubt if reasonable diligence is defined but commonsense says that if she has asked everyone who might have been driving and they have all denied it was them then what more can she do. I would have thought that was reasonable diligence.


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