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PostPosted: Wed Jan 21, 2009 7:39 pm 
East Midlands AEC
East Midlands AEC
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Joined: Thu Oct 05, 2006 7:45 pm
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Location: Derby, UK
I was listening to the radio the other day and there was a driver on there who has got off 4 times because he made the police prove it was he who was driving the car - and since they couldn't, they dropped the case.


Quote:
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.


I think Grannygrinder may be correct on this.

Good luck.


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 Post subject: I think so
PostPosted: Wed Jan 21, 2009 7:50 pm 
aka Leo Swayer
aka Leo Swayer
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Location: Wales.UK
i think i'm right, obviously if it can be put in the hands of a solicitor then brilliant. But i'm sure I heard somewhere that you are innocent until PROVEN guilty :wink:


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 Post subject:
PostPosted: Wed Jan 21, 2009 7:57 pm 
Retro Guru
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Location: London
It comes down to the responsibility, which in this case is your father. A judge has now closed the loop-hole that has been used by many a traffic solicitor to get people off from being charged in court (i.e. footballers etc).

However in this case there is no responsibilty, well certainly not to my eyes anyway as your father has sadly passed away. I would advise you to speak to the people executing your father's will.

If the police decide to go ahead and this case is put before the CPS, they will need ID of the driver, because it certainly won't be your father. If it's just the back of the car then really they can't do much.


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 Post subject:
PostPosted: Wed Jan 21, 2009 8:11 pm 
Retro Guru
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as with everyone else....sorry to hear about your dad.

wasnt there a case won a few years ago whereby a driver said he wasnt the driver of the car pictured speeding and since the police could not prove he was the driver they could not pin the conviction on him?


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 Post subject:
PostPosted: Wed Jan 21, 2009 8:28 pm 
Retro Guru
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losidan wrote:
wasnt there a case won a few years ago whereby a driver said he wasnt the driver of the car pictured speeding and since the police could not prove he was the driver they could not pin the conviction on him?


Yes however a recent case has seen a judge close that loop hole, it won't work anymore.


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 Post subject:
PostPosted: Wed Jan 21, 2009 8:31 pm 
Pumpy's Bear
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Joined: Mon Oct 10, 2005 10:03 pm
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Location: Hereford
Sounds like there are some very good suggestions already, particularly about the courteous but firm and factual letter, but not sure if the following is of use?

http://www.which.co.uk/advice/dealing-w ... /index.jsp

http://www.speedcamerasinfo.co.uk/11.html

plus might be worth getting some advice from the Citizen's Advice Bureau?


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 Post subject:
PostPosted: Wed Jan 21, 2009 8:51 pm 
retrobike rider
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Joined: Tue Nov 11, 2008 12:28 pm
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Location: rutland
i think leedevelopment is in the business of law ?


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 Post subject:
PostPosted: Wed Jan 21, 2009 9:47 pm 
Old School Grand Master
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Location: No brakes? Way to commit soldier.
David, a good friend of mine is a traffic cop, I'll send him your problem and get him to let me know what the law actually says. At least then you'll know what you're up against. Might take a day or two to get back to me though.


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 Post subject:
PostPosted: Wed Jan 21, 2009 10:00 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:
David, a good friend of mine is a traffic cop, I'll send him your problem and get him to let me know what the law actually says. At least then you'll know what you're up against. Might take a day or two to get back to me though.


Russ, that would be great, I look forward to the responce.


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 Post subject:
PostPosted: Wed Jan 21, 2009 10:46 pm 
Retro Guru
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perry wrote:
i think leedevelopment is in the business of law ?


Yup legal caseworker, but can't really comment as I don't have the qualifications of a lawyer.


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