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Camera detections of speerding lead to paperwork being sent to the REGISTERED OWNER of the vehicle involved. This will include a request under S172 Road Traffic Act 1988 to name the driver so that they can take action. No name no action for speeding. BUT, if the form is not returned in 28 days they can take action to a Magistrates for the offence of failing to name driver.
But stated you were not Reg keeper.
There is second leg (b) to the S172 request:
(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)Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.
(4)A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
Note the defence to (a) but not to (b)????????
So have they information under (b).
Did hubby name you as driver without informing you so that you would take the rap? If he did then then you should have been sent the 172 request, which has gone astray because of your domestic position and not received or purposely destroyed?.
Not received back they have gone into prosecution mode and should have issued summons for the offence before the Court case leading to the fine. This too seems to have gone astray.
With 28 days of first becoming aware of the Court case you have the optrion of making a statutory declaration to the Court Office to have the conviction set aside and new court date/appearance arranged so that you can set out your case as explained above in a Not Guilty plea.
Regarding the Licence.......the fact that they only have a record of the pass certificate and no issue a Licence following that pass which expired after 2 years could be argued that you were not the holder of a Licence for the purposes of Licence revocation (6 points in 2 years from passing test- Road Traffic ( New Drivers) Act 1995) and secondly your insistence you passed the first test years ago and therefore outside the 2 year limit.
You will need to get evidence of this first Licence. Badger DVLA. Check Insurance - did you give them details of a Licence number????? Check with NHS - if you were an authorised driver they would need a record of your Licence. Have you hired a car?
This is a real can of worms and will need careful sorting to resolve.
Keep us informed of your progress.......a very intereting case and a warning to others to photocopy Licences for again DVLA it seems have goofed.
As stated it could require a Solicitor well versed in Traffic Law to unravel which could be costly. Consider a session with one that has a free first consultation to gen up on aspects and then at Court seek out the Duty Court Solicitor to help your case.
dvd
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