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PostPosted: Thu May 03, 2007 21:47 
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Hi all,my wife has been flashed twice within the last 6 weeks on new speed cameras in the warwickshire area. The car is registered to me and the first time I sent off my wifes details and she received the fine/points letter.....this time I am reluctant to name the driver to save her having 6 points on her licence....and understand that I can be prosecuted if I fail to name the driver.What penalty would I receive and would I have to apear in Court.....looking forward to repies thanks


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PostPosted: Thu May 03, 2007 22:16 
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http://www.radar-detectors.co.uk/news_m ... eeding.asp

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a person who accepted points on behalf of someone else would be charged with perjury, which carries a maximum penalty of seven years imprisonment


If your wife was driving then she is the one who must be named.
If you take the points and the police look into your case and find evidence suggesting otherwise, then you're in deep doo doo!

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PostPosted: Thu May 03, 2007 22:45 
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even if I just say nothing...i e not committing perjury or lying etc


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PostPosted: Thu May 03, 2007 23:13 
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Failure to comply with S172 is an offence in its own right.

I think the current maximum penalty for this is a £1,000 fine and 3 penalty points.


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PostPosted: Thu May 03, 2007 23:27 
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fossway wrote:
even if I just say nothing...i e not committing perjury or lying etc


And as Smegy said "deep doo doo!"-- besides Mr Rumble or one of his sidekicks might be lurking :shock:

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PostPosted: Fri May 04, 2007 00:46 
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smeggy wrote:
Failure to comply with S172 is an offence in its own right.

I think the current maximum penalty for this is a £1,000 fine and 3 penalty points.


In some circumstance a 'planned refusal' to answer a s172 request to name the driver may result in lower costs and penalties. In this case the OP will need to compare the costs of one MS90 endorsement on his licence against the addition of a second speeding on the wife's.

Insurance companies used to provide a heavy loading for MS90s, but I believe that many companies have 'become used to' MS90s now.

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PostPosted: Fri May 04, 2007 00:51 
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Ah, the 'professional foul' :lol:


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PostPosted: Fri May 04, 2007 05:28 
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Another factor to consider presently is the impact of the ongoing 'right to silence' ECHR case.

If this case is won - and most people seem to expect it to be won - s172 cases in progress seem certain to be dropped.

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 Post subject: Failure to identify
PostPosted: Tue Jul 03, 2007 14:20 
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Because I am in court at the end of the month I went to observe a case at Scunthorpe with Humberside SCP. What a total miscarriage it was, the owner had asked to view the evidence at a police station but was sent photographs instead in which you could not see who the driver was. Hence they went to court stating that the police had not supplied clear evidence. They dismissed the speeding immediately and desptite a very genuine couple the owner was found guilty of failure to identify and fined £100 and costs. On top of which they still have to pay their solicitor. What a falasy, worse still, the police officer was inexperienced and I could tell that the measure point of the L20 was not on the front of the car when the speed was recorded. There were 2 cars visible and the L20 was focused towards the rear of the car, so it is unlikely they were speeding in the first place. At no time had the police clearly let them know that there was a video recording which they could have viewed at the central ticket office.

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