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mammothd
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.
Jlc
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?
andy_foster
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.
Logician
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.
notmeatloaf
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.
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