dont know who was driving Options

[maccavvy123]

Hi there folks

I Have a van for work and its insured for more than one driver.
On the day i question 2 speeding tickets were issued. one mobile van and one static camera.
I got the tickets over 3 weeks after they were issued.
I sent in asking for proof to see if i could see whos was driving .

they sent numerous photos. some from from back (static) camera .
some from front (mobile van)

none show who was driving .

am i destined to take these on the chin myself or is there something i can do to pass to the appropriate staff or get them quashed at all

[The Slithy Tove]

Anyone you name doesn't HAVE to agree, but the nomination must be in good faith and based upon something tangible.

Naming someone else as the driver, and then having them deny it is likely to lead to a world of hurt for both parties.

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[andy_foster]

Anyone you name doesn't HAVE to agree, but the nomination must be in good faith and based upon something tangible.

Naming someone else as the driver, and then having them deny it is likely to lead to a world of hurt for both parties.

Mostly the person naming the other person.

Whilst I am not aware of any case law on the narrow point, I would say that if the court found that the person who nominated the other person wasn't sure, then he would have failed to name the driver and could not fall back on the reasonable diligence defence as he had not provided all the information that was in his power to give (e.g that he didn't actually know and was just guessing).
I would suggest that the prosecution would not have the burden of proving beyond a reasonable doubt that the guessed driver was not coincidentally actually the driver as that would create a massive loophole.