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VW Touran - Contempt? - Kernal Panic

My vehicle has been caught in a mobile speed camera a few hundred yards from my home (49 in 40 alledgedly) however we genuingly cannot confirm if it was my wife or I that was driving we were moving equipment from home into my new office and must have made 20+ trips between us on this road. I could just accept the points and fine, but if it wasn't me driving am I not committing a more serious offence?

Any advice greatfully received

VW Touran - Contempt? - ifithelps

You could ask to see the photo to 'help me identify who was driving'.

The courts are fed up with speeding drivers trying to evade responsibility by claiming not to know who was driving, so 'it could have been me or the wife' will not wash.

The best thing in Mr and Mrs cases is to, er, 'take a view' and name one of you.

If you do, make sure you do so plainly and simply. Saying, 'it was probably me' won't be accepted and will cause more bother.

VW Touran - Contempt? - Kernal Panic

Thanks for your unhelpful comment, I have seen the image it's a rear view of the vehicle!,

I am not trying to avoid anything I'm trying to tell the truth!

Edited by Kernal Panic on 27/07/2012 at 07:40

VW Touran - Contempt? - thunderbird

Thanks for your unhelpful comment,

All comments like that will achieve will be to ensure you will get no help whatsoever.

Don't do 49 in a 40 is the answer.

VW Touran - Contempt? - Bromptonaut

Thanks for your unhelpful comment,

All comments like that will achieve will be to ensure you will get no help whatsoever.

Don't do 49 in a 40 is the answer.

Wot thunderbird says. Iffy did his best to offer you some constructive advice. IIRC the guy's a court correspondent with a regional paper and no doubt sees these things on a regular basis.

There was nothing in your OP to suggest it was a rear picture.

VW Touran - Contempt? - Padster

I believe when the driver cannot be identified then the registered keeper of the vehicle takes the hit.

VW Touran - Contempt? - Bromptonaut

I believe when the driver cannot be identified then the registered keeper of the vehicle takes the hit.

I don't think that can be right. If there are cases providing authority for such action I'd be interested to read them. What happens if, as can be the case, the RK is a non driver for example an elderly parent or a disabled child?

I dont think Ifithelps meant to accuse the OP of attempting to evade. Rather, he was saying that attempts by others to do so mean the court sets a very high bar in such cases. Having said that Neil Hamilton and his wife did persuade a court they were unsure re a commute either of them might drive. Chutzpah not in short supply with that pair though!!

If you think back to the day in question and the time of offence is there any clues as to who might have been driving and who was at home or at the office? For example phone call, IT logon records, checking in/out of a building with security or from on site CCTV?

If an exercise of that type suggests strongly that one or the other of you was driving then I suspect that would be enough for the police or SCP. Difficulties arise when you conspire, in the style alleged against Mr Huhne and his ex, for one of you to take the rap knowing it to be false, for example to evade a ban or to avoid one of you being on 9 points and the other on nil.

Edited by Bromptonaut on 27/07/2012 at 18:26

VW Touran - Contempt? - Avant

If you really don't know, the most helpful thing I can suggest is that whichever of you has fewer points on your licence should take the hit - or if equal, whichever of you does less annual mileage.

As Ifithelps suggests, too many people in the past have tried to say they don't know, and hoped that both get away with it, so that the genuine ones, as I'm sure you are, aren't believed.

Edited by Avant on 27/07/2012 at 19:43

VW Touran - Contempt? - Bromptonaut

If you really don't know, the most helpful thing I can suggest is that whichever of you has fewer points on your licence should take the hit - or if equal, whichever of you does less annual mileage.

Therein lies the 'perverting the course' trap. If you make an honest factual assessment of who was driving you're legally reasonably clear. As soon as factors like fewer points or mileage come in then there's prima facie evidence of conspiracy to pervert.

VW Touran - Contempt? - ifithelps

Thanks to Bromp T'bird and Avant who have correctly identified my post was simply trying to point a way forward for the OP, nothing more,

He won't take it from me, but he should drop the attitude for the proceedings, because it will not serve him well.

VW Touran - Contempt? - Avant

In case anyone should think I was advocating 'perverting the course', the first five words of that para were operative - 'if you really don't know....' In other words, if even ''honest factual assessment' can't jog the memory.