HELP DESPERATE - incorrect NIP and Summons to court inexperienced!

[miri1016]

Sorry I'm at a loss and unable to afford a solicitor so representing myself. I am not guilty at all and have pleaded not guilty snd desperately do not want to receive fines/points for an offence I didn't commit! I received a NIP with a typo on the road name and a date of 10/11/23 at 06:00. This wasn't me at all so I replied back saying I wasn't the driver and attached evidence of my Google Timeline History and a request for ANPR cameras to be checked as I didn't have the authority to do this. My vehicle didn't leave my address at this time on this day.
I also emailed a copy of my supporting letter across to the camera enforcement team and no response was received.

I received a SJP bundle saying I had two offences. One being the original offence of speeding and another being failure to respond. In the bundle, the paperwork evidence shows a timestamp of another date and time (17/11/23 at 2:30) with a PC statement saying the car was caught with a camera but the officer was assisting elsewhere and unable to stop the vehicle.

I've been summoned to court after responding not guilty and declaring that the NIP and SJP bundle are two separate dates and times - neither of which are me.

Could someone assist me in how to conduct myself in court? My car was parked at my daughters address as she is the primary user of the vehicle and I've asked her to be a witness. My plan is to take my paperwork with me and show the incorrect dates.

As the officer didn't stop the vehicle there isn't any evidence of who the real driver was. Police suggested calling 101 to report a false plate. I am wondering whether other actions need to be taken.

Thanks so much for your help!!

If you have house insurance you might have legal
cover under that who could maybe help you?

Assuming everything you say in your post is true (not accusing you of lying, but just seeing things from the court's point of view) it wasn't you, or your DD driving your car so it could be that you car has been cloned, which is something that does happen.

Have you reported a potential cloning to the police?

Have you any proof that you couldn't have been in the places at the times of the offence? Eg you were at work etc? Your Google timeline is a start, but of course, you could have more than one phone, or not always have it with you.

Have you ever used the roads where the offences took place? Do you have home security cameras that show your car at home/DDs at the times of the offence?

Is there photographs of the car? Is there anything about the car that is different? Stickers, damage, slightly different lights, aerial etc?

If your car has been cloned, it should be reasonably easy for the police to use ANPR data for the two cars along with information about your movements, ie where you work, shop, visit friends and family, leisure activities etc to show this - eg if a car pings one camera and then another 20 miles away a few minutes later.

Yes, definitely check if you have legal cover attached to your car or home insurance, or possibly a work union if you are a member.

But I suppose you have to tell the court that neither you nor your DD were driving in those locations and didn't commit the offences, you were elsewhere at the time, say that no-one else has access to your car, therefore you suspect that your car has been cloned and it is the cloned car that is committing these offences in your name.

Good luck, and try and remain calm. You'll have to declare that you're telling the truth, hopefully they'll believe you.

Yes we both do, I will have look up the excess as I've never made a claim. Thanks for reminding me!

I only have a doorbell camera which records movement if detected so at the times of both the offences I have no recordings which show it parked on the driveway as no one walked past the camera. The picture in the SJP bundle is very unclear but it shows the reg and that's all, hardly any detail visible of the car itself.
I haven't reported it yet but I will definitely do it when I've got a chance.

Thank you

FFS, report the cloned car NOW!! You asked for help about going to court and want to tell them it wasn't you because someone has cloned your car, but you've not bothered to report it until you're summoned to court. That' won't look good.

Someone has been driving around committing driving offences in a clone of your car for months and you haven't reported it? You're lucky they've only committed a couple of speeding offences, you could have been chased for dozens of driving offences as well as suspected of all sorts of crimes.

Your local police force will have a form on it's website that you fill in. You should also report to DVLA.

You are the registered keeper of the car, I assume (if it’s “your car” and the letters came to you)? But your daughter is the primary user and the car is usually kept at her address (from what you’ve written)? That is all fine and legal but… Whose name is the insurance in (as the main driver)? What address did you tell the insurance company the car is kept at? Hopefully, your daughter and her address? If the car is insured in your name with your DD as just a named driver, you could also find yourself getting into trouble for fronting…

Yes she is the main driver and insured at her address. I am the registered keeper which is also on her insurance paperwork

I have reported it online through the automated form and got a copy of my report for the court to see. I will also write to DVLA and include this in my evidence bundle.

I suspected it was just an error or mistake at first it didn't cross my mind that it could be a cloned plate until the SJP paperwork included a picture with my reg on a vehicle. That was only received very recently.