Driving instructor Robert Brown was fined £300 with three points on his driving licence because he was unable to pinpoint which of two learner drivers broke a 30mph limit.

Driving instructor Mr Brown

Witney Magistrates convicted Mr Brown when he failed to identify the driver of his car after it was recorded doing 38 mph in a 30mph limit in Watlington Road, Oxford.

Mr Brown, of Alderley Close, Carterton, was giving two 17-year-old girls driving lessons on the day of the offence in January and they had swapped over during the lesson.

He received a fixed penalty notice to pay £60 if he was the driver, or identify who was driving the car.

Mr Brown visited Carterton Police Station to explain the situation and was advised to write to Thames Valley Police's fixed penalty office.

He wrote three times explaining his case and to ask for the precise location of the camera.

Mr Brown said: "I had not been able to name the driver outright as I had two pupils under instruction and needed the location of the camera so I could be certain who was driving.

"Apart from sending me a dark photograph, which did not identify the driver, I did not get replies to my letter nor was I given an indication as to the location of the camera other than it was in Watlington Road."

Thames Valley Police spokesman Kate Smith said: "I can confirm that Mr Brown wrote to the fixed penalty office but all the paperwork went to the magistrates' court. He was, however, given photographic evidence which should have identified the driver."

Mr Brown, who has been a driving instructor for 20 years, was summoned to appear before Witney Magistrates on August 21 for failing to identify the driver of the car.

He added: "In the documents informing me of the court date the camera was referred to as a mobile camera and I pointed out to magistrates as I had not been given the exact location of the camera I could not be certain who was driving the car.

"The Crown prosecutor denied the existence of a mobile camera and said it was a fixed camera in the middle of Watlington road and the word mobile referred to the fact it could be rotated through 180 degrees.

"This convinced the court and I was fined £300 and had three points put on my licence, which has been clean for the 40 years I've have been driving," said Mr Brown.

"I do not condone speeding and consider that speed cameras when positioned properly are a valuable tool in assisting with road safety.

"If I had been certain but as they changed over I could have given the wrong name to the police. Three points on a provisional licence is very serious and is equivalent to nine points on a full licence.

"Three more within two years and they lose their licence."