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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Speeding ticket!

89 replies

earlydoors42 · 01/05/2019 06:35

My friend had a speeding ticket in her name and at her address, but it was a time and place that she was not at (she was at work elsewhere) AND in a car she has never owned!

She denied it was her but now has to go to court. She doesn't know how to prove she never had this car (hard to prove a negative) - but thinks if she just goes to court she can sort it out.

AIBU to ask if she needs a solicitor?

OP posts:
Roussette · 01/05/2019 07:49

This can't be so, the registration document won't be in her name if she's never owned it.

ChairmanMeow999 · 01/05/2019 08:03

Cloned Plates - common as muck - don't pay for a lawyer unless you can get one for free. Just turn up in Court with a letter from employer stating you were at work, and your car was there all day too - provide CCTV evidence if you can - as much evidence as possible - if you give someone a lift to work etc, get a statement from them.

You may find you get stopped by the police for a while as they'll have your VRN on the system as a clone - and they'll keep looking out for the plates on their NPR systems. Keep a copy of your V5 with you.

JaceLancs · 01/05/2019 08:03

I would suggest someone has given her details as the ‘driver at the time’
Any malicious ex around or someone she has fallen out with?

scratchyfluffface · 01/05/2019 08:15

It sounds like her number plate may have been cloned, which is becoming increasingly common

CuriousaboutSamphire · 01/05/2019 08:18

NOT CLONED PLATES

CAR SHE HAS NEVER OWNED

All in the OP!

LilBoaty · 01/05/2019 08:26

.

BarbaraofSevillle · 01/05/2019 08:28

She needs to tell them that she was somewhere else at the time and work out how this can be proved - she could look in her google timeline or apple equivalent on her phone if this is enabled - this is fascinating btw, your phone tracks all your movements for you to see. Also her employer could prove this if necessary.

Also that she has never driven the car in question - ownership is not relevant, it sounds like she has been nominated as the driver by someone else either deliberately, or by mistake. There may be photographic evidence that she could ask for.

LIZS · 01/05/2019 08:35

Is it a Notice of Intended Prosecution asking you to confirm the driver, or has someone (ie registered owner) already dealt with that and is claiming it was you. There should be a photo on reverse, or you can ask for one.

prh47bridge · 01/05/2019 08:38

To get a ticket she must either be the registered keeper of the car (which is not the same as being the owner) or the registered keeper has named her as the driver. The other alternatives, as people have identified, is that there is another car with the same numberplate as hers or that the numberplate on the offending car has been misread. It is difficult to advise without knowing which situation applies.

Has she just received a NIP (Notice of Intended Prosecution) or has it gone beyond that?

As was said up thread, it is for the prosecution to prove its case, not for her to prove that the prosecution are wrong. However, speeding cases are heard by magistrates and I'm afraid you can't rely on them getting the burden of proof right.

BananasAreTheSourceOfEvil · 01/05/2019 08:45

Check the photo if possible. I got a toll charge sent out to me from the opposite end of the country (definitely not me) and when the person in the office reviewed the photo she could see it was a slightly blurred picture and just read the reg wrong. Also I had a polo not the big van that it really belonged to Grin

Original poster
earlydoors42 · 01/05/2019 15:50

Thank you for replies!

She is a bit vague on it, but she does have a court date. She has told them it was not her driving and not her car. It is a different car with different number plate to any she has owned, however it is somehow registered to her name and address. But the paperwork relating to the car never came to her address.

The weird thing is the speeding occurred in our town. But not near her home or work. She is a hairdresser / beautician who is self employed but was working within someone's salon. So hopefully someone there could provide a copy of the appointments book or a written statement.

I just want to make sure I help if I can so she doesn't turn up at court and get steamrollered into a big fine or something! Will reread all suggestions so far.

OP posts:
Bootikin · 01/05/2019 16:20

It sounds like your friend is innocent but she cannot afford to be “a bit vague” when dealing with the police and CPS. She needs to urgently write to request the photographs of the offence and when received, she needs to very promptly provide written information WELL BEFORE the court date showing it’s not her car and never has been. She must use recorded post when dealing with the police and don’t assume common sense or logic are of any use when dealing with police and CPS on these matters - they will pursue prosecution of what appear to be hopeless traffic cases as the mags are biased towards the police in traffic cases - so she needs to take this very seriously and act fast.

BrightYellowDaffodil · 01/05/2019 16:25

It isn’t uncommon for a car to be registered to the wrong address - someone registered a vehicle I’d never heard of Tommy House, and the first I knew of it was when a letter turned up from the DVLA with an accusation of unpaid tax. I don’t know how they did it because I’ve never received any other letters about it. I guess it’s aomething to do with most things being online - register a real home address and use any old email address, and you’re away.

Lots of insurances - car, house etc - come with legal helplines and I’d be giving them a call. Failing that, get in touch with CAB or find a local solicitor that will give half an hour’s free advice (some do).

BrightYellowDaffodil · 01/05/2019 16:26

To my, not Tommy!

Original poster
earlydoors42 · 01/05/2019 16:46

Thank you. I have just prompted her to ring the DVLA and to get a copy of the appointments book / letter from work. I need to find out exactly what letters she has had and what action she has taken and I will get her to do as much as I can to sort it out!

OP posts:
IsYourGoogleBroken · 01/05/2019 16:47

Cloned plates

Lifecraft · 01/05/2019 16:50

She doesn't know how to prove she never had this car (hard to prove a negative)

She doesn't have to. She just has to say "I have never owned this vehicle". They then have to prove that she has.

DGRossetti · 01/05/2019 17:02

As was said up thread, it is for the prosecution to prove its case, not for her to prove that the prosecution are wrong. However, speeding cases are heard by magistrates and I'm afraid you can't rely on them getting the burden of proof right.

Doesn't really inspire confidence in our justice system> I wonder what else you can't rely on ....

prh47bridge · 01/05/2019 17:13

I wonder what else you can't rely on

Lots. I can recommend The Secret Barrister (the book) if you want to know how bad things are in our justice system.

thenightsky · 01/05/2019 17:14

Does she have a dash cam that can show footage of where she actually was driving on that day at that time?

IzzyGee · 01/05/2019 17:15

It’s not uncommon for people to register and insure their car at an address that gets them a much cheaper premium. They don’t need the actual paperwork they just do everything online. The main thing they want is for their reg to be taxed so that the ANPR cameras don’t flag them up as untaxed.

DGRossetti · 01/05/2019 17:35

Lots. I can recommend The Secret Barrister (the book) if you want to know how bad things are in our justice system.

I doubt it can lower the bar I've already set it Sad (I follow the blog on occasion ....)

DGRossetti · 01/05/2019 17:36

It’s not uncommon for people to register and insure their car at an address that gets them a much cheaper premium.

But how did a random person manage that with the OPs address ??

Oliversmumsarmy · 01/05/2019 17:47

I had something like this.

Car I didnt own was driving around a country I had never visited but DVLA said it was my car.

Wouldn't admit they had made a mistake.

It took me threatening to call the police and telling them that if they insisted I owned this car then as it was not in my possession then it obviously had been stolen.

Good luck.

I felt I was disappearing down the rabbit hole at one point.

Alsohuman · 01/05/2019 17:55

This happened to my dad years ago. He was snugly tucked up in bed miles away at the time. An error had been made between reading and entering the reg. It was very easily sorted out.

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