Speeding accusations |
Helping the motorist get justice 
Helping the motorist get justice
Speeding accusations |
 Tue, 20 Feb 2018 - 19:59
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#1
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New Member Group: Members Posts: 2 Joined: 20 Feb 2018 Member No.: 96,665  |
Hi been accused of speeding
Works van I’m the director I don’t know who was driving at the time any ideas as to what to do next many thanksalso this is the first correspondence I’ve had I did not receive the first letter There is no name other than the company name on the logbook of the vehicle This post has been edited by 618hotlap: Tue, 20 Feb 2018 - 20:01
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Tue, 20 Feb 2018 - 19:59
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Tue, 20 Feb 2018 - 20:03
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#2
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 Member  Group:  Life MemberPosts: 24,220 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
QUOTE (618hotlap @ Tue, 20 Feb 2018 - 19:59)  Hi been accused of speeding Who has? You haven't. The unknown driver of the vehicle has. QUOTE Works van I’m the director I don’t know who was driving at the time any ideas as to what to do next many thanks Who is the NIP addressed to? Is it addressed to you personally, or the limited company? -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Tue, 20 Feb 2018 - 20:35
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#3
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 Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
It seems addressed to a body corporate (company) which isn't an issue per se. The company would be expected to respond accordingly. (This would be a company secretary or director usually)
For companies it would be considered reasonable to keep records of who was driving the car, i.e. logs. (Or it was assigned to someone permanently, i.e. keeping the vehicle) If the company cannot nominate the driver then they can still be prosecuted for the s172 offence for failing to furnish driver details. Whilst a company cannot be issued with points they can receive a large fine and costs. (There is the opportunity to pursue a director under certain conditions but is rarely used) There's possibly an argument about the 'missing' NIP but this does not override the request to name the driver. The burden of proof of showing this NIP didn't arrive within the necessary period rests on the defendant though and not on the Police. -------------------- 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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Tue, 20 Feb 2018 - 22:06
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#4
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New Member Group: Members Posts: 2 Joined: 20 Feb 2018 Member No.: 96,665 |
QUOTE (andy_foster @ Tue, 20 Feb 2018 - 20:03) QUOTE (618hotlap @ Tue, 20 Feb 2018 - 19:59) Hi been accused of speeding Who has? You haven't. The unknown driver of the vehicle has. QUOTE Works van I’m the director I don’t know who was driving at the time any ideas as to what to do next many thanks Who is the NIP addressed to? Is it addressed to you personally, or the limited company? I’m not sure how I’m supposed to reply to these yes it’s a limited company What’s NIP stand for |
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Tue, 20 Feb 2018 - 22:15
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#5
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Notice Intended Prosecution
-------------------- 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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Tue, 20 Feb 2018 - 22:17
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#6
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Member Group: Life MemberPosts: 24,220 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Either you find out who was driving and name them, or the company is prosecuted for failing to name the driver. The company (a body corporate) cannot get points as it is not a natural person and cannot hold a driving licence. However, it also cannot use the defence of reasonable diligence unless it can show that the failure to keep a record of who was driving was reasonable.
Notice of Intended Prosecution. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Wed, 21 Feb 2018 - 08:21
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#7
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Member Group: Members Posts: 291 Joined: 12 Jan 2013 Member No.: 59,321 |
How many people could have potentially driven the vehicle on that day?
Is it possible by perhaps looking at job sheets, time sheets, invoices, etc. to narrow the list down? Have you questioned the likely 'culprits'? You can ask for photographic evidence to help identify the driver (probably won't help unless the camera was facing the front of the vehicle). |
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Wed, 21 Feb 2018 - 08:25
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#8
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Member Group: Members Posts: 96 Joined: 9 Nov 2016 Member No.: 88,346 |
QUOTE (Colin_S @ Wed, 21 Feb 2018 - 08:21) You can ask for photographic evidence to help identify the driver (probably won't help unless the camera was facing the front of the vehicle). I see people on this site are usually discouraged from asking for evidence, just pictures to help identify the driver. -------------------- I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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Wed, 21 Feb 2018 - 08:27
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#9
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 Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If you dont know who of those in the van WAS driving, you have a choice to either
1/ Name the person 'in charge' of the van that day and/or 2/ Name all those in the van that day. If you cannot name THE driver you aid any defence by providing police with all the information you could that would help them to identify the driver. The relevant statute is here https://www.legislation.gov.uk/ukpga/1988/52/section/172 How was the van used, would the company be considered 'the keeper' (not registered keeper) or 'any other person'? -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 21 Feb 2018 - 08:51
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#10
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
QUOTE (Dwaynedouglas @ Wed, 21 Feb 2018 - 08:25) QUOTE (Colin_S @ Wed, 21 Feb 2018 - 08:21) You can ask for photographic evidence to help identify the driver (probably won't help unless the camera was facing the front of the vehicle). I see people on this site are usually discouraged from asking for evidence, just pictures to help identify the driver. You are correct - badly worded advice. This post has been edited by peterguk: Wed, 21 Feb 2018 - 11:08 -------------------- |
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Wed, 21 Feb 2018 - 09:46
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#11
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Ignore
This post has been edited by The Rookie: Wed, 21 Feb 2018 - 15:59 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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