Common Speeding Questions: Has My Car Been Cloned?
What happens when you receive a speeding ticket but you know you weren’t the driver?
As the registered keeper of a vehicle there is a legal responsibility upon you to provide the police with details to identify who the driver was at the time of the offence – the failure to do so itself is an offence and carries a fine and 6 penalty points.
About a year ago there was a story in the news about a holiday maker who returned from a trip to Greece to find that his car had been caught exceeding the speed limit – namely driving at 37mph in a 30mph limit. He was able to prove that he was out of the country at the time of the offence and that his car was, seemingly, in a secure airport carpark. He had no doubt that it was his car caught speeding – he’s already complained that when he returned to his car he was sure someone had been driving it – there was rubbish in the car, the mileage had changed and it was filthy outside too. But he had no idea who the driver was, why would he? It could have been anyone at the car parking company! Luckily the police accepted his version of events given the evidence available and the charges were dropped.
But what about if you don’t even think it was your car?
Has your car been cloned?
We were contacted recently by Simon, he’d received a speeding ticket for an offence committed while he was at work. He knew it couldn’t be his car – his employer has very strict security measures in place – there is a large secure car park with passcode entry and exit – with the entry also monitored by a security guard and CCTV . How more secure could you get? Simon could demonstrate that he had entered the car park – and most importantly – that his car had not exited the car park – until the end of his shift – with the alleged offence occurring in the time his car was within the secure compound.
Unfortunately for Simon the police didn’t accept that he couldn’t name the driver – he had told them he thought his car had been cloned as it couldn’t have been his car, but they still expected him to name the driver. Simon was ordered to attend court. As Simon said – how could he be expected to name an absolute stranger? All he could say for certain was that it was not him, and that it could not have been his car.
Forrest Williams approached the Crown Prosecution Service on Simon’s behalf. We set out the evidence including taking statements from the security guard who reviewed the tapes and could confirm the entry and exit times of Simon’s vehicle. We took a statement from Simon’s line manager to support that he was at work, in his own pass-coded office, at the time of the offence. We persuaded the Prosecution that the evidence in support of Simon’s defence was overwhelming. The case against his was dropped and a portion of his legal fees will be refunded to him.
Simon’s case is perhaps unique – we don’t all work in positions which involve the level of confidentiality Simon’s does – so we may not be able to show the times we enter and leave work – but that is not to say that other cases cannot be defended. We have also recently represented a gentleman charged with speeding at a time when he was 75 miles away from the location of the offence having lunch!
If you are charged with speeding and were not the driver then give Forrest Williams a call on 01623 397200, we will investigate to see whether your car been cloned.
