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  • FIRST POST
    • PierremontQuaker03
    • By PierremontQuaker03 11th Jun 17, 11:01 AM
    • 130Posts
    • 20Thanks
    PierremontQuaker03
    RE: Hired Car - Speeding Prosecution
    • #1
    • 11th Jun 17, 11:01 AM
    RE: Hired Car - Speeding Prosecution 11th Jun 17 at 11:01 AM
    Hi,
    I received a letter from the Police back in March saying I was caught speeding in a hired car. I returned the notice saying that I was not the driver (I have not hired a car this year so was completely baffled).
    Then today I got another letter from the Police that was confirmation from the hired car company that I was the "driver" at the time of the alleged offence.
    So it now says I have to basically admit to it or request a court hearing! What advice can anyone give me on this? I have got legal protection with my current car insurer but reading the terms I am not sure whether it cover me for incidents like this (I am trying to ring them but their line is down currently).
    I was definitely not the driver, I was no where near the location, I have witnesses - they can also ping my phone to show where I was.
    When I last spoke to the Police in March they said that they were not allowed to give me the name of the hire car company - I am so annoyed!
    I presume the police will need lots of evidence to prove it was me? Like a photo, copy of the car rental agreement etc etc.
    Thanks for any advice.
Page 1
    • soolin
    • By soolin 11th Jun 17, 11:10 AM
    • 58,989 Posts
    • 41,794 Thanks
    soolin
    • #2
    • 11th Jun 17, 11:10 AM
    • #2
    • 11th Jun 17, 11:10 AM
    As this is likely to get complicated I would suggest you ask on a specialist forum:

    http://forums.pepipoo.com/

    however, it is worth noting that this could possibly relate to an earlier episode, so not having hired a car 'this year' might not mean you are in the clear.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I'm a volunteer to help the boards run smoothly, and I can move posts there. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • PierremontQuaker03
    • By PierremontQuaker03 11th Jun 17, 11:13 AM
    • 130 Posts
    • 20 Thanks
    PierremontQuaker03
    • #3
    • 11th Jun 17, 11:13 AM
    • #3
    • 11th Jun 17, 11:13 AM
    It says the time and date of the offence was Feb this year - so I definitely have not hired a car - plus it says it was a SMART car - I would never hire one of them!
    • Quentin
    • By Quentin 11th Jun 17, 11:15 AM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    • #4
    • 11th Jun 17, 11:15 AM
    • #4
    • 11th Jun 17, 11:15 AM
    Follow the advice in #2 and take this to pepipoo
    • daveyjp
    • By daveyjp 11th Jun 17, 11:16 AM
    • 6,982 Posts
    • 5,341 Thanks
    daveyjp
    • #5
    • 11th Jun 17, 11:16 AM
    • #5
    • 11th Jun 17, 11:16 AM
    No problem OP, if it wasn't you call a solicitor and go to Court.

    The police will need to show their evidence to your side before the case.
    • Mercdriver
    • By Mercdriver 11th Jun 17, 11:41 AM
    • 1,212 Posts
    • 781 Thanks
    Mercdriver
    • #6
    • 11th Jun 17, 11:41 AM
    • #6
    • 11th Jun 17, 11:41 AM
    No problem OP, if it wasn't you call a solicitor and go to Court.

    The police will need to show their evidence to your side before the case.
    Originally posted by daveyjp
    I'd be trying to sort it out before it goes to court and the OP loses pay/holiday entitlement, plus legal costs, which won't all be recoverable.

    OP - go to Pepipoo. Many of the regular posters are legally trained or lawyers. Some of them are on here too - AntonyMMM for one, but this needs sorting out sooner rather than later - better to try and sort before summons rather than at court. Perhaps a request for the information that the hire company have for you. It could be an admin error or it could be something more sinister.
    • Rover Driver
    • By Rover Driver 11th Jun 17, 11:56 AM
    • 1,282 Posts
    • 583 Thanks
    Rover Driver
    • #7
    • 11th Jun 17, 11:56 AM
    • #7
    • 11th Jun 17, 11:56 AM
    Hi,
    I presume the police will need lots of evidence to prove it was me? Like a photo, copy of the car rental agreement etc etc.
    Thanks for any advice.
    Originally posted by PierremontQuaker03
    It depends on the offence the police are claiming you committed.

    The normal procedure is to serve a notice to identify the driver - s.172, Road Traffic Act1988. If they do not receive that nomination, they prosecute for that offence, not the speeding as they do not know who the driver was.

    All the evidence they need for that offence is that the notice was served, and the driver was not identified.

    However, there is a defence if you did not know, and with reasonable diligence could not have ascertained, who the driver was - s.172(4).

    As above, post on peppipoo.
    • PierremontQuaker03
    • By PierremontQuaker03 11th Jun 17, 12:03 PM
    • 130 Posts
    • 20 Thanks
    PierremontQuaker03
    • #8
    • 11th Jun 17, 12:03 PM
    • #8
    • 11th Jun 17, 12:03 PM
    Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company
    • d123
    • By d123 11th Jun 17, 12:15 PM
    • 6,509 Posts
    • 4,183 Thanks
    d123
    • #9
    • 11th Jun 17, 12:15 PM
    • #9
    • 11th Jun 17, 12:15 PM
    Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company
    Originally posted by PierremontQuaker03
    Have you posted at pepipoo yet?
    ====
    • Quentin
    • By Quentin 11th Jun 17, 12:20 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company
    Originally posted by PierremontQuaker03
    You are really wasting your time continuing posting here. (And suing the car hire will be very time consuming, and no guarantee of winning)


    As advised throughout this thread, take this to pepipoo
    Last edited by Quentin; 11-06-2017 at 12:48 PM.
    • waamo
    • By waamo 11th Jun 17, 12:55 PM
    • 1,935 Posts
    • 2,310 Thanks
    waamo
    Have you posted at pepipoo yet?
    Originally posted by d123
    Don't be daft. A poster getting the absolute correct advice then acting upon immediately. That would be a first.
    This space for hire.
    • AdrianC
    • By AdrianC 11th Jun 17, 1:02 PM
    • 14,791 Posts
    • 13,143 Thanks
    AdrianC
    You cannot sue the hire company. Apart from the fact that you have nothing to sue them for, they may very well have acted 100% correctly.

    The fact YOU haven't hired a car doesn't mean you can't possibly have been driving it. You may have been driving a car that somebody else hired. The hire car company nominates their customer, their customer nominates you as the driver. You receive the s172 request. You do not need to know who the hire company were, and they may very well not know who you are.

    Have you lost your driving licence? It may be that somebody has produced your licence as proof of their identity when hiring the car.

    "Pinging your phone" does not prove you weren't there. It simply shows your phone wasn't.

    All you can do is reply that you were not driving that car in that place at that time, and you do not know who was.
    • PierremontQuaker03
    • By PierremontQuaker03 11th Jun 17, 1:10 PM
    • 130 Posts
    • 20 Thanks
    PierremontQuaker03
    Thanks everyone - I am trying to register with pepipoo at the moment, but I have not received my verification email so I cant post anything - having one of those days where nothing is going for me!
    Can I just confirm I DEFINATELY was not driving the car, I was with my wife, child and mother in law about 60 miles away on that day, I have looked at the road where the offence was on, I don't think I have ever driven down that road before!
    • Crabman
    • By Crabman 11th Jun 17, 1:15 PM
    • 9,568 Posts
    • 6,956 Thanks
    Crabman
    Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company
    Originally posted by PierremontQuaker03
    Complete the NIP Wizard and it will post the necessary details to the forum
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards which means I'm a volunteer to help the boards run smoothly & I can move & merge posts there. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

    • waamo
    • By waamo 11th Jun 17, 1:27 PM
    • 1,935 Posts
    • 2,310 Thanks
    waamo
    Thanks everyone - I am trying to register with pepipoo at the moment, but I have not received my verification email so I cant post anything - having one of those days where nothing is going for me!
    Can I just confirm I DEFINATELY was not driving the car, I was with my wife, child and mother in law about 60 miles away on that day, I have looked at the road where the offence was on, I don't think I have ever driven down that road before!
    Originally posted by PierremontQuaker03
    Check your junk mail folder. For some reason their system doesn't like Hotmail/Outlook.com either so if you use Hotmail try a different email address.
    This space for hire.
    • PierremontQuaker03
    • By PierremontQuaker03 11th Jun 17, 3:19 PM
    • 130 Posts
    • 20 Thanks
    PierremontQuaker03
    Thanks, used my Yahoo email address in the end and worked fine - thanks everyone
    • Quentin
    • By Quentin 11th Jun 17, 3:23 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    Complete the NIP Wizard and it will post the necessary details to the forum
    Originally posted by Crabman
    You cannot post anything there including the NIP wizard until you are a registered member and logged in.
    • arcon5
    • By arcon5 11th Jun 17, 10:47 PM
    • 13,001 Posts
    • 8,226 Thanks
    arcon5
    Contact the hire company and discuss it as they may have been given false info
    • d123
    • By d123 11th Jun 17, 11:06 PM
    • 6,509 Posts
    • 4,183 Thanks
    d123
    Contact the hire company and discuss it as they may have been given false info
    Originally posted by arcon5
    If you read the OP you might see a small problem with your plan.

    When I last spoke to the Police in March they said that they were not allowed to give me the name of the hire car company
    Originally posted by PierremontQuaker03
    ====
    • Crabman
    • By Crabman 13th Jun 17, 6:50 PM
    • 9,568 Posts
    • 6,956 Thanks
    Crabman
    You cannot post anything there including the NIP wizard until you are a registered member and logged in.
    Originally posted by Quentin
    Thanks Quentin. I wasn't aware of how internet forums work.

    (notice my post crossed with the one directly above it)
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards which means I'm a volunteer to help the boards run smoothly & I can move & merge posts there. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

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