I received a letter from Warwickshire Police about a potential speeding offence doing 72mph on the M42/M6 Toll when the variable speed limit was highlighted at 50mph on the gantry above the motorway.

The letter is a NIP, and is asking for details of the driver, but there is nowhere for me to ask for evidence or dispute the offence. I think it was probably me driving (although could have been my wife at that point, as we did switch during the journey), but I honestly don't recall seeing the 50mph variable limit in force.

I have 2 questions:

- How can I check the evidence (i.e was it me driving or my wife, and was it really a 50mph limit)
- If it was all correct, what would you expect the fine/points to be for this type of offence? Neither of us have any points.

Yours quite annoyed
Andy Disco 4 2012 3.0 SDV6 HSE,Santorini Black and Ebony, Privacy, Grand Black lacquer, 20" 5 spoke alloys, tow bar
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Gone: RRS 2011 3.0 TDV6 HSE, Stornoway Grey and Ebony
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2000 Lotus Elise S1 (still clinging on to it)

Its scandalous, police are always send these things out in the post you or anyone else who offers to take the blame, opps i mean the offending driver will qualify for a £60 fine and 3 brownie points on their nice clean licence but if you didn't notice the reduced speed limit it must of been Mrs AndyCh driving whilst you were having 40 winks

I've been done the same............I wrote asking for photographic evidence to identify the driver, they wrote back saying it would not help identify the driver as it was from the back, I wrote back saying I dont know who it was then, it could have been 1 of 2 people on a long drive, sharing the driving, they wrote back saying it was my responsibility and if I don't tell them who it is I will go to court.............now 6 weeks ago and heard nothing..........

Sick of the police in this country, go catch some murderers and rapists not me doing 55 on a motorway!!!!!!!!!!!!!

Surely then JF, isn't that classed as insufficient evidence against you or another driver as they can't prove without reasonable doubt who committed the offence. An example on police intercepters the other night 3 or 4 dodgy looking lads got pulled over for a spot check, in the car the police found a offensive weapon on this occasion a bloody long very sharp knife, all were arrested the case was dropped for i quote "insufficient evidence How the does that work then

First question to be asked is, was it your car. Could it have been a clone? Does your car have any distictive features from the back to compare with the Gatso photo? Also, not forgetting the obvious, were you on that particular road at that time.

Unfortunately, if it was your car and you were on the road at that time, the owner has to say who was driving otherwise it's a separate offence.

That's why I'm not a fan of these cameras, there's no discretion at all and it leads to problems like this.

Good luck

Dont admit to not seeing the 50mph signs as they'll try getting you on 'Driving without due care or attention'.

Could always tell them that your tax pays their wages, they love all that!!!

Ive been down this path before.

It is the responsibility of the police to PROVE who was driving. How they obtain that is straight forward - If you know it IS your responsibility to tell them and you HAVE to tell them; if you honestly dont know the onus is on them to prove "without doubt" to the court who was driving.

This was the advice a Sussex Bobby gave me.

My car was pictured by Tayside Police and me and my wife had been sharing the driving but as it was a new route to us neither of us could remember where we swapped the driving. Tayside dropped the NIP.

In Scotland there is a special defence (incrimination?) whereby you state it could be another person and they in turn can do that to you and others. It therefore makes the police's job harder. Not sure if that defence is avaialble in English law though. Now - MY11 RRS Autobiography TDV6, Orkney gray, tints, steps, daylight running lamps and allllll the toys!!!
Ex- RRS HSE TDV6 07 Java Black, bi xenon, corner lights, side steps, tints, cool box, smoke side repeats, chrome "sport" boot sill
Ex - Audi A4 Cab 3.0TDi Quattro
Ex - Freelander2 SE TD4
Ex - CRV Auto

We have a Pc on here somewhere, perhaps he can shed some light on the matter

Ady 555 wrote:

We have a Pc on here somewhere, perhaps he can shed some light on the matter

Our tax money buying RRSs now?

Jonny Fresh wrote:

Ady 555 wrote:

We have a Pc on here somewhere, perhaps he can shed some light on the matter

Our tax money buying RRSs now?

Council Tax that is  Now - MY11 RRS Autobiography TDV6, Orkney gray, tints, steps, daylight running lamps and allllll the toys!!!
Ex- RRS HSE TDV6 07 Java Black, bi xenon, corner lights, side steps, tints, cool box, smoke side repeats, chrome "sport" boot sill
Ex - Audi A4 Cab 3.0TDi Quattro
Ex - Freelander2 SE TD4
Ex - CRV Auto

I think he is one of the better ones, someone who understands our passion for speed, opps i mean motors

Some would say "You got caught, get over it".

But not me though.

DSL wrote:

Some would say "You got caught, get over it".

Ah, the old innocent til proven guilty defense. I thought The Idiot Blair abolished that.

Last edited by DSL on Fri Apr 20 2012 6:57pm. Edited 1 time in total

JF have you got a stutter you seem to be doubling your posts alot lately