35 in a 30 zone car owner not driving

[YazzyYazzy]

Hi,
My mother is 82 and loans her car to several young carers who are insured to drive any car.
(She has had a full licence since 1977 and never any convictions or speeding fines etc)
She has just received a police letter saying "she" was doing 35 in a 30 zone and notice to prosecute.
It wasn't her driving, and in any case, how insane to prosecute at 35 mph!
So what does she do? Just write and deny it was her?
Any photos the police have will show it is not an 82 year old woman driving.
She doesn't want to name the carers, as a prosecution for doing 35 is madness.
As she has zero previous history of dangerous driving, and 35 is hardly dangerous, and the photos will show it couldn't have been her, will she be able to successfully appeal? What is the best way to do this?
Many thanks.

[wales01man]

Re: 35 in a 30 zone car owner not driving

If she does not name the driver it becomes A more serious offence in our local courts some convictions result in a £600 fine plus victims surcharge and cost plus six points name driver or chance it?

[YazzyYazzy]

Re: 35 in a 30 zone car owner not driving

So she just invents a name and address! Any photos will show it's not her as she's an old lady. Would you always know the full address of a carer? She doesn't know where they live.

[des8]

Re: 35 in a 30 zone car owner not driving

A Notice of Intended Prosecution is usually sent with a Request for Driver Information.
This request places a legal obligation on the registered keeper to provide the details of the driver of the vehicle at the time of the alleged offence.
If the registered keeper of driver of the vehicle receive a request for information, they must respond within the 28 day period,and failure to respond to this request within the 28 day period creates a completely separate criminal offence of failing to provide driver information and carries a 6 points penalty and a fine of up to £1000.

And as for giving false information she may then be prosecuted for perverting the course of justice!!

The best way forward is to name the carer who was driving, and explain why she does not know the address.
Why protect someone who was driving over the speed limit in a built up area? Not only a danger to other road users, but also a higher risk of damaging her vehicle

[YazzyYazzy]

Re: 35 in a 30 zone car owner not driving

A Notice of Intended Prosecution is usually sent with a Request for Driver Information.
This request places a legal obligation on the registered keeper to provide the details of the driver of the vehicle at the time of the alleged offence.
If the registered keeper of driver of the vehicle receive a request for information, they must respond within the 28 day period,and failure to respond to this request within the 28 day period creates a completely separate criminal offence of failing to provide driver information and carries a 6 points penalty and a fine of up to £1000.

And as for giving false information she may then be prosecuted for perverting the course of justice!!

The best way forward is to name the carer who was driving, and explain why she does not know the address.
Why protect someone who was driving over the speed limit in a built up area? Not only a danger to other road users, but also a higher risk of damaging her vehicle

Doing 35 on a wide dual carriageway that keeps changing from 30 to 40 every 5 seconds isn't dangerous.
They don't deserve to be prosecuted. It wasn't a built up area. You are assuming that.
The idea they were driving dangerously is ridiculous.
A danger to other road users at 35 on a dual carriageway, LOL.
Better send then to prison!!
I asked how to appeal that this is an unnecessary prosecution.
It's way OTT

[des8]

Re: 35 in a 30 zone car owner not driving

Ok so you believe peeps should not be prosecuted for breaking the speed limits, on that we shall have to disagree

The rest of the advice stands.

[YazzyYazzy]

Re: 35 in a 30 zone car owner not driving

I think DANGEROUS drivers going way over the limit should be prosecuted.
Not 35 in a 30 zone on a dual carriageway when it is not remotely dangerous in any way.

My post was to ask how to appeal such a ridiculous prosecution as much as anything.
Ask them to check the camera was accurate?
Complain the road changes from 30 to 40 all the time and not enough signs?
Etc etc

[des8]

Re: 35 in a 30 zone car owner not driving

She can't defend it as she was not the driver.
She can refuse to name the driver, and take the consequences.
She can name the driver, and it is for him to defend his actions.

For the driver intending to defend a speeding prosecution he should start examining the time frame in which the NiP was sent to registered keeper (within 14 days of offence).
Then he can check the signage around the area to make sure it complies exactly with the regulations,
He could request photographic proof, to see if that throws up any anomalies.

Complaining about the number of changes of speed limit will get him nowhere.

[Guest]

Re: 35 in a 30 zone car owner not driving

She can't defend it as she was not the driver.
She can refuse to name the driver, and take the consequences.
She can name the driver, and it is for him to defend his actions.

For the driver intending to defend a speeding prosecution he should start examining the time frame in which the NiP was sent to registered keeper (within 14 days of offence).
Then he can check the signage around the area to make sure it complies exactly with the regulations,
He could request photographic proof, to see if that throws up any anomalies.

Complaining about the number of changes of speed limit will get him nowhere.

Sounds like wise advice.

[slainte caragh]

Re: 35 in a 30 zone car owner not driving

I would suggest you follow [MENTION=39710]des8[/MENTION]'s advice, we go back a while and I have never known him wrong.

if they can speed without Mum in the car, what can the do WITH her in the car?!

Callie <3

[wales01man]

Re: 35 in a 30 zone car owner not driving

I would suggest you follow @des8's advice, we go back a while and I have never known him wrong.

if they can speed without Mum in the car, what can the do WITH her in the car?!

Callie <3

Agree with des and you

[des8]

Re: 35 in a 30 zone car owner not driving

Was this communication from the police "a letter" or a "notice of intended prosecution ,and section172 notice", accompanied possibly by a conditional offer of a fixed penalty ?
Minor speeding offences are rarely taken to court.



and I do get things wrong,.... but not always

[YazzyYazzy]

Re: 35 in a 30 zone car owner not driving

35 in a 30 is hardly dangerous driving is it? Ridiculous to suggest it is.
35 is NOT "speeding".

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It contained no fine, no. Just saying car was doing 35. What a dreadful crime.....Just a money making scam. No way is 35 dangerous.

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NO ONE WAS SPEEDING.
Dear god, this isnt someone doing 140 down the motorway

[R0b]

Re: 35 in a 30 zone car owner not driving

Clearly you are missing the whole point about the laws on speed limits. The purpose of having speed limits is to ensure a safe speed in that particular area and that extra few mph could make the different between someone being being killed or not. So whilst you might say that 35mph is not dangerous driving there must be a reason why its that limit but I am sure you wouldn't say the same if either it happened to you and you were seriously injured or a child of yours or other family member.

You said it wasn't in a built up area and on a dual carriageway. First of all a dual carriageway is only considered one if there is a central reservation, so if irrespective of whether or not the road has more than 1 lane it is still considered single carriageway. Secondly, if the speed is 30mph then the likely reason is that it is considered a built up area (if it has street lighting that is "built up") or perhaps the reason why it is a 30 zone is because there have been too many accidents due to people speeding.

It amazes me how you fail to understand how you can see that potentially driving 35mph in a 30 zone is not speeding or that it is potentially dangerous. If the law says one speed and you go over it, then you are speeding and its as simple as that.

Maybe I am stereotyping but one suspects you are at a relatively young age, and if you do drive yourself then I would strongly suggest you might want to revisit the highway code.

As Des has pointed out, she needs to name the driver if she wasn't driving. If she can't then she needs to give the names of persons who have the right to drive.

[slainte caragh]

Re: 35 in a 30 zone car owner not driving

35 in a 30 is hardly dangerous driving is it? Ridiculous to suggest it is.
35 is NOT "speeding"

My late fiance who was killed by a truck doing 37 mph in a 30mph restriction (roadworks) would disagree with you

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It contained no fine, no. Just saying car was doing 35. What a dreadful crime.....Just a money making scam. No way is 35 dangerous
I agree it's hardly the Krays but it's still ilegal

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NO ONE WAS SPEEDING.

Forgive me being pedantic but if the speed limit is 30 and you are doing 35 you are exceeding the limit hence speeding.

Dear god, this isnt someone doing 140 down the motorway
Thankfully. Regardless of the speed it is still an excess of the legal limit and speed (to my ultimate cost) kills people. At the end of the day why should your mum pay someone else's fine? I would suggest telling the police who the driver was and let them deal with it.

My comments are in blue.

I am a little touchy with the whole "it's only 5 miles over" scenario, as I said I lost someone I love to a "speeder" and had to deal with the aftermath. Dangerous driving can take lots of shapes and sizes (as I said I know to my cost, I still scream "GET OF THE PHONE MORON!!" and he's been dead 20 years!).

As I said, heed [MENTION=38669]Des[/MENTION]6's advice and tell them who was driving. This isn't about how fast the person was going, it's about preventing your mum having points on her licence she isn't due or a fine she shouldn't pay.

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and I do get things wrong,.... but not always

Prove it lmao!!

Don't they offer driving courses instead of points now?