Can I Ask For The Evidence

Question:

I have had a NIP reminder sent to my previous address. My driving licence has been registered in my current address since long before the NIP was originally issued, but I made the mistake of assuming that the log book would have been updated.

Anyway it is long past the 28 days to respond, but it says that the points will go on my licence not on the log book, so surely the police should have used my registration number and name to check the address of my licence with the DVLA. As I said my licence is up to date in my current address and obviously it has my name and registration on it so I cant see why they didn’t use it.

Would 14-28 days have been deemed a reasonable amount of time for the police to do this? 

Does this give a me a defense in court – I’m not gonna deny it was me driving because it is only ever me who drives my car. My previous address where the log book was registered, is still my parents house, so I’m assuming that the courts wont believe that the post wasn’t forwarded to me.

My parents are getting on a bit (late 70’s) and tend to throw anything out that is not addressed to them but I was staying over when the reminder came and I saw the envelope with my name on it. Does the period of time between the speeding incident and me receiving the reminder make the charge invalid or is it still likely that I will get a huge fine and points on my licence.

By the way – I was doing 36 in a 30 zone, in an industrial area with no road speed signs and no sign saying this is a speed watch area. This is supposed to be about public safety but the police have been hiding along this road for the last 5 years and no traffic calming measures have been put in place or speed signs.

I have decided to identify myself as the driver of the vehicle and I have already requested photo’s.

I have decided to plead not guilty. In court I am going to request proof that the correct camera has been identified for the date and location, proof of calibration, proof of certificated officer training and that the officer be present with the camera to give a demonstration of its accuracy and their ability to use it correctly.

Am I being realistic in requesting these as proof, or can they find me guilty without providing this evidence.

Louise Says:

You have to be careful not to go on a fishing exercise when you get to court. you have to show that you have a real defence before the prosecution will let you trawl through the evidence in the case.

If you accept that you were the driver at the time then it is best to say so otherwise you risk 6 points for failing to name the driver.

The DVLA do not think in a joined up kind of way. They wont change the address of the vehicle because you have changed your address on your licence.

The charge is still valid unless the offence is over 6 months old? You have not told me the date of the offence.

You might get offered the speed awareness course as an alternative to points and if I was you I would seriously think about taking it, unless you dispute that you were traveling that fast.

The police have to proving the speeding allegation beyond reasonable doubt when you get to court. If they can you will be convicted. Come back to me if you want my help defending this matter.