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PostPosted: Wed Jan 21, 2009 4:45 pm 
Retro Guru
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Joined: Wed Aug 27, 2008 9:35 am
Posts: 630
Location: northants
daj wrote:
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?? :?



hmm, i would have thought if you have the exact time and date but i guess as its a month ago its a bit more tricky :( but it must have been on a particular road that not all of you would have drove on.

maybe everyone should pay an equal amount (who had access to the vehicle at that time).


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 Post subject:
PostPosted: Wed Jan 21, 2009 4:55 pm 
BoTM Winner / retrobike rider
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richie-t wrote:
maybe everyone should pay an equal amount (who had access to the vehicle at that time).


Bollox to that!!!
Really sorry to hear about your Dad.
If it was me, I would let them chase their own tales with this. Ignore all further letters (they wont be addressed to you, so why wouldn't you?) and let them try and take it to court.
If they haven't got a system in place to deal with cases like this (cant be the first, wont be the last) then thats their own fault.
The problem with doing this is that your Mum will keep seeing letters addressed to your Dad arriving on the door mat :(
Total tossers the traffic Police in this country :evil:


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 Post subject:
PostPosted: Wed Jan 21, 2009 5:22 pm 
Old School Grand Master

Joined: Tue Oct 09, 2007 1:55 pm
Posts: 8204
Location: New Forest, UK
JeRkY wrote:
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 realise that, but the issue is that they may well start to chase him...if you are obviously in the clear to start with, then it helps.


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 Post subject:
PostPosted: Wed Jan 21, 2009 5:26 pm 
B.o.T.M. Winner / Feature Bike
B.o.T.M. Winner / Feature Bike
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Location: Tilting at windmills and shouting at the rain.
They use bullying tactics to get someone to admit responsibility and incriminate themselves by admitting (note the use of the 'can' in the sentence about "can get a fine of £1000 or 6 points", not 'will'). Don't do it, just hand the letter to the solicitors who are executing your fathers will and that'll be the end of it.

The fact that they are hassling you at this time is sickening, but what else do you expect, especially after this story appeared in the news:

http://www.blackburncitizen.co.uk/news/ ... ding_fine/

The only person responsible for knowing who was in the car at the time was your father, no one else. Only your father can admit guilt or anothers responsibility. As he can't do that there is no case to answer.

Don't enter into any form of correspondence with them, just hand it to your solicitors, or if you do just state clearly that you don't know who was driving the car, you are not the owner of the car and that the owner is no longer alive and add no more details.


Last edited by pete_mcc on Wed Jan 21, 2009 5:30 pm, edited 1 time in total.

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 Post subject:
PostPosted: Wed Jan 21, 2009 5:28 pm 
Retro Guru

Joined: Wed Dec 10, 2008 9:19 am
Posts: 2094
Location: Sheffield, top city
hamster wrote:
JeRkY wrote:
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 realise that, but the issue is that they may well start to chase him...if you are obviously in the clear to start with, then it helps.


let em chase him. He aint the owner and he wasnt driving. Thats it! They might as well send me the letter to ask if I was driving. If I were him, I'd go to court. Obviously it'll be very emotional for the family, but they'll be able to draw a line under it and there will be some satisfaction in seeing the cops lose. Then sue for emotional distress. However hard, the positive side will be the experience of a courtroom in the knowledge that youre not guilty.


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 Post subject: Eh?
PostPosted: Wed Jan 21, 2009 6:16 pm 
aka Leo Swayer
aka Leo Swayer
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Joined: Wed Jun 18, 2008 7:15 pm
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Location: Wales.UK
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 doesn't have to prove it wasn't him, they have to prove that it was. At work we have a communal van that gets used by the whole work force,we are supposed to fill in a book with the time we took the vehicle and the time it was returned. Often this doesn't happen so when a speeding ticket turns up its impossible to prove who was driving and as yet there have been 7 tickets and no prosectutions. I think i am right in saying that it is up to them to prove who was driving and if this cannot be proved then there is no case to answer.
Sorry to here about your Dad.


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 Post subject:
PostPosted: Wed Jan 21, 2009 6:21 pm 
Posh Mark
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Location: As far from the city as you can be ....
Dave,

First off very sorry to hear about the death of you father.

Having lost my father in law last year I know that the paperwork is a sh*t to deal with.

IMHO I would be inclined to take note of a couple of the points above:

1) They are unable to to ascertain who was driving at the time of the speeding fine. As a result it would fall to your father to indicate who was driving - if this is not possible then it would be his licence that would be indorsed. I presume he is the registered owner of the car.

2) I would write a covering letter in response to the last correspondence you recieved from the police and make it clear in the body of the letter that you have copied it in to your solicitor dealing with your fathers estate including their contact details. Then brief the solicitor of the events and let them deal with it.

They (solicitors) will be able to act on behalf of you father and IMHO would be the quickest route to getting this sorted.

Chin up pal. :wink:


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 Post subject:
PostPosted: Wed Jan 21, 2009 6:39 pm 
Old School Grand Master
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Joined: Tue Oct 09, 2007 3:12 pm
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Location: The Shire
Firstly.

I'm really sorry to hear about your dad Dave. I lost my mum in March last year, and although it never goes away, I does get easier to deal with day to day, I promise. It just takes time.

Now, speeding ticket.

be VERY CAREFULL how you proceed with this. If it was your dads car and the photo was taken after his death then his insurance is no longer valid.
Anyone driving the car on their own insurance under the 'insured to drive any vehicle bit' may well have been driving without insurance at all, as most policies require the vehicle to be insured by another person for the any vehicle bit to apply.

It is up to the vehicle owner to prove they were not driving the vehicle at the time or the Police to I.D. the driver from the photo., since circumstances mean neither of these is possible then I really don't know how they mean to proceed.

If no one pays it would have to go to court and who do they intend to summons?

I can see the headlines now!. :roll:


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 Post subject:
PostPosted: Wed Jan 21, 2009 6:52 pm 
West Midlands AEC
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Location: Stow on the Wold, Glos
Quote:
be VERY CAREFULL how you proceed with this. If it was your dads car and the photo was taken after his death then his insurance is no longer valid.
Anyone driving the car on their own insurance under the 'insured to drive any vehicle bit' may well have been driving without insurance at all, as most policies require the vehicle to be insured by another person for the any vehicle bit to apply.


My fathers policy has two named drivers on it, which makes the policy still valid (if wanted) while being paid up until the policy ends even though he has passed on ( seems strange but its true ) . But it cannot then be renewed after. This is all fact as checked up and confimed after the death.

Thanks for kinds words people too, Still hurts like a bugger but still going :)


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 Post subject:
PostPosted: Wed Jan 21, 2009 7:05 pm 
Old School Grand Master
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Joined: Tue Oct 09, 2007 3:12 pm
Posts: 3904
Location: The Shire
daj wrote:
My fathers policy has two named drivers on it, which makes the policy still valid (if wanted) while being paid up until the policy ends even though he has passed on ( seems strange but its true ) . But it cannot then be renewed after. This is all fact as checked up and confimed after the death.


Cool.

I just didn't want you to say something that you might live to regret later.

I'd take letmetalktomark's advice and pass it to your solicitor. Let them deal with it, it's what they're getting payed for. :wink:


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