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My car was cloned and driven in a bus lane while I was away - how can I fight this?

My wife and I arrived back in Southampton from an extended cruise on 20 December 2011, having left Southampton on 14 November 2011). Earlier this week I received a fixed penalty notice, with photos, alleging that my car was driven in a bus lane on the 17 December 2011. Clearly we were at sea on that date. I offered this as evidence and said I could provide shipboard accounts etc if required, but this has been dismissed out of hand by the London Borough of Merton, their decision being apparently final. The photos show the same make and model as my car but the driver can't be seen. Just how do I fight this injustice?

Asked on 4 July 2012 by EM, Brecon, Powys

Answered by Honest John
Point blank refuse to pay and demand that they take the case to court where you will defend yourself with the evidence that you could not possibly have been the driver of the car at the time. However, if they can prove that the photographed car was in fact your car, as the registered keeper of it you will have to tell them who was driving at the time or take the rap yourself. You need a solicitor to fight this. If you win, you can the sue Merton Council for your costs. Authorities need to learn that cloning is easy and convicting registered keepers of cars by registrations is not reliable so they need to allow for this.
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