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PostPosted: Wed Jan 21, 2009 3:19 pm 
West Midlands AEC
West Midlands AEC
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Joined: Wed May 14, 2008 11:06 pm
Posts: 6266
Location: Stow on the Wold, Glos
First of all I will give you the facts

Dad died on the 17th of Dec

27th of December speed camera catches his motor speeding

about the first week of Jan get the summons

I ring them up and tell them that dad has died and they request death cert and return of forms as only the owner/keeper can fill them in. I request photo evidence as during that period various family members were using car to ID the driver.

The reply has just returned, From the photos they cannot ID the driver (shots from the rear) but the content of the letter I feel is now aiming at me? "if I still fail to ID " etc etc .

Now where do I stand with this? I am just contructing a reply making it quite clear that "I" am not the owner/keeper of the car and was just the one that opened the letter and was being curtious in contacting them and trying to sort the matter out rather than leaving it to mother.

So what can happen really? The letter states that the owner/keeper can get £1000 6 points ( thats dad!?!?). The photo evidence cant Id the driver?

And just to clear things up ..... I was not the driver!!!

Cheers

Dave


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PostPosted: Wed Jan 21, 2009 3:40 pm 
Gold Trader / PoTM Winner / RB Rider
Gold Trader / PoTM Winner / RB Rider
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Joined: Wed Oct 05, 2005 7:45 pm
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do you know who was driving the car ?

if so give him / her the paer work to deal with .


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PostPosted: Wed Jan 21, 2009 3:42 pm 
Retro Guru

Joined: Wed Dec 10, 2008 9:19 am
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Location: Sheffield, top city
I thought the onus was on the legal owner/keeper to either accept liability or to prove who was driving.

As your dad wasnt around at the time of the offence, he's certainly not guilty and unable to prove anything. If anything, (as a layman) I would suggest his property is in limbo until the will has been sorted, so no-one is the legal owner.

My advice is to let them prosecute if they so feel. It would be egg on their face should the case proceed to court. Whilst the timing is unfortunate and theyre insensitivity isnt helping, I would write (so that there is a hard copy) to the cops in a business-like manner, clearly stating the sequence of events, the fact that you are not personally accepting liability just cos youre a close relative or cos you have been the one dealing with them, and end the letter with a personal view that you feel that you are being bullied at this most delicate of times, that their attitude is absurd and that the insensivity of their actions may lead you to seek professional advice or counselling, for which of course you intend to recover the costs from them. In addition, tell them you now consider the matter closed and dont intend to respond anything further on this without a court request and that you are considering contacting the local media to highlight the case.
Keep it courteous, dont rant, dont accuse and dont lose your dignity just cos they have.

B#st#ds picking on decent, easy targets again.


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PostPosted: Wed Jan 21, 2009 3:43 pm 
Sabrina the Teenage Witch
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Joined: Fri Jan 25, 2008 2:23 pm
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Location: Mammoths deserve to be cloned. From what I've seen in 'Ice Age' they are jolly good sports.
1stly, sorry to hear about your dad.

2ndly, as he was the registered owner/keeper, I'd just ignore it. Perhaps you could wish them luck in getting your dad to take the fine/points.


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PostPosted: Wed Jan 21, 2009 3:45 pm 
Retro Guru
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Joined: Wed Aug 27, 2008 9:35 am
Posts: 630
Location: northants
surely whoevers borrowed your car will admit this? especially given the circumstances and the fact they bloody did the speeding

edit : i meant borrowed., not bored!


Last edited by richie-t on Wed Jan 21, 2009 4:41 pm, edited 1 time in total.

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PostPosted: Wed Jan 21, 2009 3:53 pm 
West Midlands AEC
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Joined: Wed May 14, 2008 11:06 pm
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Location: Stow on the Wold, Glos
Quote:
surely whoevers bored your car will admit this? especially given the circumstances and the fact they bloody did the speeding


I can see what your saying but its a honest "who knows" the car was driven around them couple of days by at least 3 family members and noone is honestly that sure who it was?? :?

And I am really just trying to establish under the circumstances and facts what can they do ??

Quote:
if so give him / her the paer work to deal with .


Only the keeper/owner can deal with offical paperwork??


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PostPosted: Wed Jan 21, 2009 4:07 pm 
Old School Grand Master

Joined: Tue Oct 09, 2007 1:55 pm
Posts: 8202
Location: New Forest, UK
First question is can you prove it was not you (e.g. at work or whatever) - unlikely on 27 Dec I admit, but worth checking?


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PostPosted: Wed Jan 21, 2009 4:20 pm 
Mr Benn
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Location: Omnipresent
don't know about the law.

But, sorry to hear about your dad.


:(


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PostPosted: Wed Jan 21, 2009 4:34 pm 
retrobike rider
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id do what pigman said except id take it as far as mixing some salt with a bit of water and sprinkling on the paper to make it look like i was brought to my knees with tears while writing .

as for what they can do i thought it would get passed to the benefactor ? which i guess would be your mum

maybe the plates had been cloned , you already know the driver cant be identified , it could be anyone !


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PostPosted: Wed Jan 21, 2009 4:34 pm 
retrobike rider / Gold Trader
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hamster wrote:
First question is can you prove it was not you (e.g. at work or whatever) - unlikely on 27 Dec I admit, but worth checking?


He houldnt have to, he isnt even the owner of the car, from what I gather he is just the person who opened the letter.

I would take the advice above, write a clear and concise letter tot he force explaining the situation and make sure that you take care to express you have had no involvement you are simply the person trying to tie up lose ends in this difficult time.


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