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#Post#: 31493--------------------------------------------------
Re: Incorrect road name on NIP and different date on SJP -
Summons to court
DIR By: The Rookie
Date: July 29, 2024, 2:39 am
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--- Quote from: moonshine23 link ---
>
> Of course I want to plead not guilty - I cannot possibly
fathom taking responsibility for an incident especially when
I've done nothing wrong!
>
--- End Quote ---
You aren't being charged with anything related to 'an incident'
though, you are being charged with failing to ID the driver (or
at least respond in a way that is satisfactory) and while you
may not visit that part of town it's irrelevant as it's not
'your car' and perhaps your daughter or another driver does.
Arguably you are guilty of the S172 offence as you could and
should have just named your daughter as the keeper. or in other
words you did do 'something wrong'.
I really think you'll struggle to defend this successfully as
you mishandled that original request IMO. You will need your
daughter and any other potential driver as witnesses (having
served compliant witness statements in advance) as you were in
effect replying to the S172 request by proxy on the information
provided by your daughter (who had no legal obligation on her to
tell YOU the truth don't forget).
#Post#: 31496--------------------------------------------------
Re: Incorrect road name on NIP and different date on SJP -
Summons to court
DIR By: The Rookie
Date: July 29, 2024, 3:16 am
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To go through the information you provided a line at a time
--- Quote from: moonshine23 link ---
>
> I am disputing this as the vehicle XXX was most definitely not
in this area, let alone being driven at this time.
>
--- End Quote ---
This could have been worded more constructively.
--- Quote from: moonshine23 link ---
>
> The vehicle was infact parked at XXX at the time of the
alleged offence. This address is the home of my daughter the
main driver of this vehicle.
>
--- End Quote ---
Again, a bit confrontational, it also says your daughter is the
main driver, but should have said keeper, I can't see that you
provided any details of 'my daughter', also you haven't named
all plausibly possible drivers, unless your daughter lives alone
and no-one else routinely has access?
--- Quote from: moonshine23 link ---
>
> The vehicle was driven the first time on this date when my
daughter left the
> house in the afternoon to attend her 8 week postnatal check at
the GP at 13:48. am including a screenshot of the following as
evidence:
>
> My daughters Google Maps Location Timeline history on history.
The first journey is recorded as leaving her house at 13:48
showing her travel
>
--- End Quote ---
When it later moved is largely irrelevant and your daughters
timeline doesn't prove no-one else was driving at the relevant
time. (you called her 'main driver' not 'only usual driver').
--- Quote from: moonshine23 link ---
>
> - A screenshot from the video Eufy doorbell. This doorbell
only captures and records moments where movement is detected
rather than continuous recording. The first recording on XXX
shows her leaving the property to enter the vehicle in the
afternoon. The vehicle is parked the driveway. There are no
recordings earlier than 01:34PM as movement was detected.
>
> -Photo of front and rear as the car was at the time of the
alleged offence (parked on driveway)
>
--- End Quote ---
The camera 'evidence' is irrelevant as only 'you' (your daughter
in reality I presume) can verbally attest that there was no
earlier photo, so it doesn't add any credibility to your version
of events that it wasn't moved earlier unless it shows a
timeline of movement detected?.
--- Quote from: moonshine23 link ---
>
> -Photo of front and rear as the car was at the time of the
alleged offence (parked on driveway)
>
--- End Quote ---
Unless they don't tally with the photos of the car detected I'm
not sure what help that is - perhaps share the Police and your
photos and see if anyone can spot anything. The description is
also 'strange' stating it was as it was at the time of the
offence (implying something has no changed?) also where you
photographed it is meaningless.
--- Quote from: moonshine23 link ---
>
> I am not certain whether there are any continuous recording
Council CCTV cameras at my daughter's location with a view of
her driveway. I would request Police to investigate this
>
--- End Quote ---
Your job, not theirs, they don't need to do anything of the
sort, you could have requested the council look at footage under
a SAR.
#Post#: 31515--------------------------------------------------
Re: Incorrect road name on NIP and different date on SJP -
Summons to court
DIR By: NewJudge
Date: July 29, 2024, 5:13 am
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--- Quote from: moonshine23 link ---
>
> The area is on the other side of town that I do not visit. So
there is no way I was there..
>
--- End Quote ---
The issue isn't about where you usually visit or do not visit.
You told us your daughter is the person keeping the vehicle and
is the main driver.
There seems to be lots of conflation between between you, "we"
and your daughter. You are the one charged with this offence.
And my question in post #17 remains. The police are very likely
to produce a photograph of (what they say is) your (or perhaps
your daughter's) car at the time and place alleged. How will you
deal with that? Simply saying it wasn't is unlikely to cut the
mustard.
#Post#: 31523--------------------------------------------------
Re: Incorrect road name on NIP and different date on SJP -
Summons to court
DIR By: 666
Date: July 29, 2024, 6:02 am
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> [quote author=moonshine23 link=topic=2627.msg31487#msg31487
date=1722237014]
> The area is on the other side of town that I do not visit. So
there is no way I was there..
>
--- End Quote ---
The issue isn't about where you usually visit or do not visit.
You told us your daughter is the person keeping the vehicle and
is the main driver.
There seems to be lots of conflation between between you, "we"
and your daughter. You are the one charged with this offence.
And my question in post #17 remains. The police are very likely
to produce a photograph of (what they say is) your (or perhaps
your daughter's) car at the time and place alleged. How will you
deal with that? Simply saying it wasn't is unlikely to cut the
mustard.
[/quote]
Will that ever happen?
There is no evidence that the OP was driving, and he can't "do
the deal". So the speeding charge should be dropped and only the
FTF charge proceed to trial.
#Post#: 31531--------------------------------------------------
Re: Incorrect road name on NIP and different date on SJP -
Summons to court
DIR By: Southpaw82
Date: July 29, 2024, 7:13 am
---------------------------------------------------------
--- Quote from: 666 link ---
>
> [quote author=NewJudge link=topic=2627.msg31515#msg31515
date=1722248002]
> [quote author=moonshine23 link=topic=2627.msg31487#msg31487
date=1722237014]
> The area is on the other side of town that I do not visit. So
there is no way I was there..
>
--- End Quote ---
The issue isn't about where you usually visit or do not visit.
You told us your daughter is the person keeping the vehicle and
is the main driver.
There seems to be lots of conflation between between you, "we"
and your daughter. You are the one charged with this offence.
And my question in post #17 remains. The police are very likely
to produce a photograph of (what they say is) your (or perhaps
your daughter's) car at the time and place alleged. How will you
deal with that? Simply saying it wasn't is unlikely to cut the
mustard.
[/quote]
Will that ever happen?
There is no evidence that the OP was driving, and he can't "do
the deal". So the speeding charge should be dropped and only the
FTF charge proceed to trial.
[/quote]
A photograph would be very useful if the substance of the
defence is “not my car”.
#Post#: 31550--------------------------------------------------
Re: Incorrect road name on NIP and different date on SJP -
Summons to court
DIR By: The Rookie
Date: July 29, 2024, 9:15 am
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--- Quote from: Southpaw82 link ---
>
> A photograph would be very useful if the substance of the
defence is “not my car”.
>
--- End Quote ---
Or potentially damning!
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