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grahamwolves
Hi there guys, sorry in advance for the separate post. Would be brilliant if i could get some advise.

So i've got a speeding ticket.

I occasionaly have a 2 or 3 other insured drivers who use my vehicle for work and i politely asked the police for them to supply me with a photograph so i could find out who it was......

A letter came back with the fact they don't have to send me any evidence back......and also the fact that they said the photo they had would not help me identify the driver.

then there's stuff about court etc etc etc. As im pretty sure i wasnt driving....what do i do from here?? Is there a way i can get it sorted or avoid this fine+points i'm not sure i should be paying...?

Thanks in advance

G.
AFCNEAL
Yuo will ne expected to keep a log of the drivers (although there's no law to say you must). To avoid a large fine and 6 points you need to show reasonable diligence to identify who was driving. The time of day and location should help. Mobile phone records, receipts for purchases, any deliveries etc will probably tell you who was driving.

If you cannot and you can sustain x-examination in court, you should name all possible drivers, addresses and driver numbers. You will almost certainly be summonsed and will have to convince three sceptics why you don't know. It probably wasn't very long ago?

Fill in the NIP wizard and let the experts on here (not me!) help!
BaggieBoy
Good news, bad news. The good news is, if you can't identify the driver, the speeding charge will go away. The bad news, they will prosecute you for failing to furnish instead, 6 points and a large fine. You need to make more effort to determine who was driving (diaries? Mobile Phone records?) or you will be found guilty.
grahamwolves
Thank you for your help! i'll fill in the wizard now! I'm basically screwed. It'd be tough to get all this.......I may as well just pay the fine.....end of the day it's my vehichle. hmmm.
Logician
They are right, you are not entitled to any evidence at this stage, but will often supply a photograph to assist you to identify the driver. Often this will not help if it is a rear shot. It is your responsibility to identify the driver. Get on to those it might have been and ask them, they should consult diaries, phone records credit card statements etc to try to find out where they were at that day and time. Tell them you will have to name all possible drivers if you do not get a definite answer.

If you cannot name a definite driver you will be charged with a s172 offence and have to go to court to explain why you cannot, courts are very reluctant to believe that a driver cannot be named and you will be questioned closely. You have not explained why you are unsure who was driving, but unless it is extremely convincing the chances are you will be convicted. The penalty will be 6 points and 150% of your net weekly income as a fine plus cost, and your insurance premiums will inflate for the next 5 years.
roadrunner 163
Its a common problem but one easily solved when the financial consequence is realised.
A Fixed Penalty Notice for excess speed is £60 and 3 points and has little impact on insurance over the next 5 years. A summons is more serious but depends on speed and speed limit...

A fail to provide details is 6 points and £00s in fine and has a huge impact on insurance for the next 3-5 years. not to mention a stage closer to totting up...

think long and hard about where the car was, time day and date and just who was going where at that time, dont fail to funish if at all possible.
You mention a ticket, I assume this actually a NIP and request for the driver details at the time.

what speed was recorded?

grahamwolves
the speed was 63 in a 50.

I'll just take responsibility and not let any more people drive my van. It seems like a bit of a hassle and i'd have to have a word and call up all the drivers it could have been and then so on and on and on. I've had a clean license since i was 17 and that was a long time ago! Hopefully i'll be able to do one of those courses to null it but still have to pay a fine!

If there any more thoughts feel free, but i think i know what the general jist is. Thanks once more guys!

G.

Transit man
QUOTE (grahamwolves @ Fri, 8 Jul 2011 - 18:54) *
I'll just take responsibility and not let any more people drive my van.

You shouldn't really have to, why take the rap if it was not you? You know the date, which was a matter of days ago, you know the time, you know the location, surely that either eliminates or proves who was driving? IMO if they are good enough mates who you are willing to drive your van, they should be good enough to cough when asked who was driving at the relevant time, just because you don't know who it was, then one of the 2 or 3 drivers insured must know.

I would push them, but your decision & of course never risk failure to furnish.
jimster
QUOTE (grahamwolves @ Fri, 8 Jul 2011 - 18:54) *
I'll just take responsibility and not let any more people drive my van. It seems like a bit of a hassle and i'd have to have a word and call up all the drivers it could have been and then so on and on and on.


You originally said that only 2 or 3 drivers occaisionaly drive the van ... surely you could ask them?

Would it not be memorable if you had allowed someone else to drive on that day? , is it a route you would normally take?

Where are the keys normally kept?

I think you should put a bit more effort into finding out who was actually driving before you fold.
jobo
QUOTE (grahamwolves @ Fri, 8 Jul 2011 - 17:54) *
the speed was 63 in a 50.

I'll just take responsibility and not let any more people drive my van. It seems like a bit of a hassle and i'd have to have a word and call up all the drivers it could have been and then so on and on and on. I've had a clean license since i was 17 and that was a long time ago! Hopefully i'll be able to do one of those courses to null it but still have to pay a fine!

If there any more thoughts feel free, but i think i know what the general jist is. Thanks once more guys!

G.


i have to caution you about what youve just said, if you just name you when your preety sure it wasnt, that would be an offence IF it ever came toi light

however if you review who was driving and come to the conclusion that it was most likely you, that wouldnt
Kickaha
One other thing. If/hen you name the most likely driver (having reviewed all the details) DO NOT qualify the statement in any way (eg "it was probably me", or "I think it was Mr. X"), as this is the same as not naming the driver.
justforthepictures
QUOTE (grahamwolves @ Fri, 8 Jul 2011 - 17:50) *
Hi there guys, sorry in advance for the separate post. Would be brilliant if i could get some advise.

So i've got a speeding ticket.

I occasionaly have a 2 or 3 other insured drivers who use my vehicle for work and i politely asked the police for them to supply me with a photograph so i could find out who it was......

Not knowing what business the van in question is used for, the other drivers you cite must have used it for a legitimate business purpose?

Are you saying that you have no paperwork that relates to the day in question and you allow people to tool around aimlessly? Were these other drivers out getting quotes, delivering, collecting? The road in question doesn’t give you some indication where the vehicle was going/had been?

I have been to court many times and witnessed magistrates ask such questions. In these times of economic hardship, it is very odd to envisage any business to allow vehicles to take to the road with no profit making objective given the cost of fuel.

I strongly suggest that you also immediately implement a log where keys are booked in and out, showing who, dates, times, journey and mileage. Such a simple system would save countless business owners money and points.
Mayhem007
If you requested evidence from the police then perhaps this is why they refused you the photos.

Suggest you request the photos again to help you identify the location, this will assisst you in determining who was driving.

Nothing to lose either way, the more ticks you get for due diligence the better.
The Rookie
What was the situation that day, did you leave the keys with one particular person? If so they would then be the 'keeper' and all you have to do is tell the Police that was the case.....it would help if you could describe the sceanrio in more detail.

Simon
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