In theory they have to prove it is you I think, the burden of proof is on them I imagine if you can prove other people are using the car, I don't know if I am honest and I am not sure how much hassle they might but you through if you say it wasn't you, I reckon you would get 3 points
That is not true. Sadly Iíve been there and tried that. I took it all the way to court and the duty solicitor took me aside before and basically said the best he could do was ask me to reconsider my not guilty plea and admit it was me or my missus thus reducing the points from 6 (For failing to notify them) to 3 (for the original offence). When I got in court I asked for five minutes to reconsider. Went for a brew and got back into court and said it was me accepting the 3 points.
Its not worth it and a complete waste of time.
This was the letter I submitted originally:-
Ref: NOTICE OF INTENDED PROESECUTION Ref: C22321659
I write regarding NOTICE OF INTENDED PROESECUTION Ref: C22321659 which I received at my home on 26th November 2010.
The date of the alleged offence was 9th October 2010 at 10:38 on Errwood Road, Manchester.
The vehicle in question is a company vehicle and a number of people are legally allowed to drive it. However been as the alleged offence was on a weekend I have narrowed it down to being myself or my partner having been driving at the time.
Errwood Road is a road both I and my partner use on a regular basis and after checking our diaries it could have been either of us driving at that time. I have checked the photographic evidence online and the photograph is of the back of the vehicle making it impossible to see who was driving.
Whilst I appreciate if the details are correct an offence has been made I canít honestly say who was driving at the time as we share the driving and the vehicle all the time. I am definitely the keeper of the vehicle but with regards to who was driving because the alleged offence was so long ago and we were both in Manchester that weekend (We spend a lot of time in Wrexham / Kent) we canít remember who was actually driving at that time.
I will gladly help you with any further investigation and would like if possible that you could look at other possible evidence (CCTV?) which may help identify who was driving.
Please could you advise by return of what actions I need to take now to resolve this issue as soon as possible? I can also be contact on my mobile 07970 **** **.