Speeding fine - will car ins go up?

trippy

We've got a NIP through from my husband's company car. 38mph in a 30. We don't know which of us was driving as we both regularly drive the car. We filled in the form saying we didn't know who it was and why. So we got photos of the car but they don't show the driver. As we don't want to end up in the magistrate's court over this, we're going to have to name one of us but not sure who to say the driver was.

I pay for my own insurance on my car (which has hubby as a named driver) so I wasn't sure if it's a big no-no to have a speeding conviction and if it'll vastly affect the premium. My husband is on the company car policy so his wouldn't go up but he's a named driver on mine so maybe mine would still go up anyway?

Cost aside, it'd be better for me to take the rap as my husband needs to drive for his job and 3 points on his licence is 3 too close to 12!

Astaroth

You should put down who you believe was driving the vehicle or at least who most likely was driving it.

If anyone named on a policy has points on their licence it will push up the premiums but the main driver (ie the policyholder) is generally considered more than a named driver but at the same time it has an exponential effect on the number of points you have so adding 3 points to someone with none has a lesser premium effect than adding 3 points to someone who already has 3.

Chris4817

trippy wrote:

We've got a NIP through from my husband's company car. 38mph in a 30. We don't know which of us was driving as we both regularly drive the car. We filled in the form saying we didn't know who it was and why. So we got photos of the car but they don't show the driver. As we don't want to end up in the magistrate's court over this, we're going to have to name one of us but not sure who to say the driver was.

I pay for my own insurance on my car (which has hubby as a named driver) so I wasn't sure if it's a big no-no to have a speeding conviction and if it'll vastly affect the premium. My husband is on the company car policy so his wouldn't go up but he's a named driver on mine so maybe mine would still go up anyway?

Cost aside, it'd be better for me to take the rap as my husband needs to drive for his job and 3 points on his licence is 3 too close to 12!

If you are really adament that you don't know who was driving and the photos don't help then write back and explain and they will not prosecute you.

You can only be charged/summonsed to court with an offence if there is a reasonable chance of conviction as an offence has to be proved beyond all reasonable doubt. If you both stood up in court and said you didn't know there couldn't convict you as there is an element of doubt.

I have to say though that I will have to take your word for it that you don't remember. More and more people say this now and I am pretty sure that if people though about it most people can recount what they were doing within the last two weeks and who was driving a car and at what time. Only my opinion though.

Your best bet though if you really can't remember is to say so.

UNICORN_2

You have to show 'reasonable diligence' in trying to find out who was driving.
Checking petrol receipts, shop receipts, etc.
You can read more at Pepipoo

Gorgeous_George

I'd suggest that saying one of you was driving when you weren't/don't know would be lying.

It is for the Police to prove guilt. Write to them and ask what you should do. Get the response in writing. They cannot ask you to lie or guess. The cash should not go to court with insufficient evidence.

Keep us informed.

GG

Astaroth

I thought under the revised rulings on these things that the keeper of the vehicle is now legally liable unless another driver is identified?

UNICORN_2

Astaroth wrote:

I thought under the revised rulings on these things that the keeper of the vehicle is now legally liable unless another driver is identified?

Not while there's a seperate S172 charge of failing to identify the driver on the law books.
Scammers will tell you anything to get their £60 :eek:

Astaroth

UNICORN wrote:

Not while there's a seperate S172 charge of failing to identify the driver on the law books.
Scammers will tell you anything to get their £60 :eek:

I could be wrong - I thought this was how they had got round the old hole in the automatic letters of not legally being able to be forced to incriminate yourself (ie rather than being told that you had to say who the driver was (so you had to say if it was you) that it said if you dont say who it is they will base take it as you)

UNICORN_2

No the way they get round it is, the S172 is sent to provide "information" :rolleyes: It's only when you refuse their kind offer to contribute to their pension fund and elect to go to court that it is suddenly transformed into "evidence" :mad:

There are cases on their way to the EHCR and ECJ about this breach of Human Rights

missile

Serves you right for speeding. If you are not sure who was driving pay up twice, it will help pay for more new cameras, which will make the roads much safer for us all

GlennTheBaker

missile wrote:

Serves you right for speeding. If you are not sure who was driving pay up twice, it will help pay for more new cameras, which will make the roads much safer for us all

Of course you will never get caught speeding on that high horse of yours.