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Speeding fine- second driver, Threads merged
mammothd
post Mon, 26 Feb 2018 - 20:13
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I have myself and an employee as drivers on my insurance policy.

I received an Sp30 notification, asking me to name the driver. I am certain it was the employee who was driving at the time, so I named him.
He has since moved back to Turkey, so has not answered the police letter.

What is my position? I'm not willing to name myself as driver as it wasn't me driving. It's not my fault he's not responding to police letters.
Obviously I can prove there were 2 drivers on the policy at the time of the offence.
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post Mon, 26 Feb 2018 - 20:13
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Jlc
post Mon, 26 Feb 2018 - 20:16
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SP30 is the endorsement code on one's licence for exceeding the limit on a public road, but we know what you mean...

Indeed, if you were not driving then you must not name yourself - there's no reason at all to do this. (Unless you like prison food perhaps)

Do you have any contact details in Turkey? The Police are known to check insurance details when 'overseas' drivers are nominated but this does not seem an issue to you.

If you have complied with your s172 obligations then you do not need to worry. How do you know they haven't answered the police letters? Have the police written to you?

This post has been edited by Jlc: Mon, 26 Feb 2018 - 20:17


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Mon, 26 Feb 2018 - 20:34
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QUOTE (mammothd @ Mon, 26 Feb 2018 - 20:13) *
I received an Sp30 notification


No you haven't.

QUOTE
He has since moved back to Turkey, so has not answered the police letter.

What is my position? I'm not willing to name myself as driver as it wasn't me driving. It's not my fault he's not responding to police letters.
Obviously I can prove there were 2 drivers on the policy at the time of the offence.


You have received a requirement under s. 172 RTA 1988 to name the driver. You have told us that you have done so. If you have told us the truth, your position is that you had a legal requirement to name the driver and you have complied with that requirement.

Is there anything further that you have neglected to mention that has prompted your question?

Obviously, many people (including the police) will be suspicious of a nomination of a foreign national who has conveniently (or inconveniently depending on the facts and your viewpoint) returned home. If the police are right to be suspicious on this occasion and can prove that you perverted the course of justice by deliberately naming the wrong person, you can expect a short prison sentence.


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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Logician
post Mon, 26 Feb 2018 - 21:35
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QUOTE
Obviously I can prove there were 2 drivers on the policy at the time of the offence.


That is important for you, as it sounds as though you might realise, because the police will often ask you to prove an overseas driver was insured.


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notmeatloaf
post Mon, 26 Feb 2018 - 21:39
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In your case you presumably have a cast iron defence because you will have multiple employment records showing that he was your employee at the time.

Obviously it is in your interests to head it off before court which will waste your time so I would send the police some record (HMRC P45s at both ends are a good bet) showing when he joined and left your employ, with a covering letter saying explaining that he was insured and as the P45s show employed by you at the time.

If he was "cash in hand" expect some awkward questions.

This post has been edited by notmeatloaf: Mon, 26 Feb 2018 - 21:40


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mammothd
post Fri, 11 May 2018 - 12:13
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hi
My car has 2 names on the insurance.One for me, and one for an employee (who has a different address from mine).
This is a personal policy, with a named 2nd driver.

The other driver committed a speeding offence. The notice was addressed to me.I gave them his name and address as he was the driver.
He has now left UK and gone back to Rumania.
The authorities are trying to get me to name myself as the driver as they can't trace him.I will not do so as this would not be the truth.

What are my options?
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cp8759
post Fri, 11 May 2018 - 12:16
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From the tone of your post it sounds like he was your employee, so you presumably have his PAYE records, copies of his right to work documents (Romanian ID card / passport) and so on, as well as the insurance policy in his name. If this is correct it seems like a no brainier to simply explain to the authorities that he was driving, and provide them copies of the relevant documents.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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peterguk
post Fri, 11 May 2018 - 12:20
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Same case as your previous thread?

http://forums.pepipoo.com/index.php?showtopic=118956&hl=

In that thread your employee went back to Turkey, not Romania...

QUOTE (mammothd @ Mon, 26 Feb 2018 - 21:13) *
He has since moved back to Turkey


QUOTE (mammothd @ Fri, 11 May 2018 - 13:13) *
He has now left UK and gone back to Rumania.


This post has been edited by peterguk: Fri, 11 May 2018 - 12:26


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Jlc
post Fri, 11 May 2018 - 12:41
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QUOTE (mammothd @ Fri, 11 May 2018 - 13:13) *
The authorities are trying to get me to name myself as the driver as they can't trace him.

I suspect they are not doing this. They may be asking for certain proof such as insurance?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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