Speeding ticket advice needed.

angel

I've just come back from a driving holiday in a rental car and a speeding ticket arrived this morning, it was 45 on a 40 stretch.

Now the problem is that I don't know who was driving at the time. My boyfriend is Canadian and drove most of the time but on the road where the speeding happened we changed over a lot as we were stopping to take photo's, look at views, have lunch etc. I called the ticket office who have issued the summons and they said that they have a photo but only of the back of the car and they can't see the driver. I explained that we don't have a clue who was driving at the time and she said that if I write to explain then they'll send me the photo which will prove nothing.

Any ideas on what I should do next?

zappahey

If you truly don't know, then stick to your guns but you will need to prove that you took every reasonable step to identify the driver. I've heard of people asking for CCTV footage from petrol stops and using that request as evidence of best endeavours.

If you are pretty sure that your bf was driving, and he was adequately insured, then he might as well take the rap as he won't get any points.

https://www.pepipoo.co.uk is your friend in this case.

balsingh

Correct me if I am wrong but I don't think they have a points system for Canadian drivers so I would let him take the rap as he will only have to pay a fine .... you will end up with 3 points!!

derrick

balsingh wrote: »

Correct me if I am wrong but I don't think they have a points system for Canadian drivers so I would let him take the rap as he will only have to pay a fine .... you will end up with 3 points!!

Depends where he is actually living and for how long, if he is living in this country he can only drive on a Canadian licence for 12 months then would need a British licence and therefore would be liable for points.

Also I am surprised that they have produced a ticket for 45 in a 40 zone as the general rule is 10% + 2, therefore the speed would have to be 46!

angel

He lives in Canada and has a Canadian licence. They don't have a points system where he lives. I explained this to the person on the phone and she said that he would have to send his licence to them if he was the driver. I said no way would he trust his drivers licence to the postal service especially international! He has suggested to me that he could take the blame but surely the police have to prove guilt?

ZootHornRollo

would they not just prosecute the hirer of the car in a case like this?

otherwise we could all just claim to not know who the driver was.

zappahey

angel wrote: »

He has suggested to me that he could take the blame but surely the police have to prove guilt?

While it's nice to imagine that we still have a legal system where one is innocent until proven guilty, the reality for speeding offences is that, effectively, you need to prove your innocence.

In your case, the hirer of the vehicle will be pursued until they either:

1. admit it
2. name the other driver
3. convince them that they really don't know who was driving.

number 3 is difficult and you will have a fight on your hands.

Gold_Shogun

angel wrote: »

He lives in Canada and has a Canadian licence. They don't have a points system where he lives. I explained this to the person on the phone and she said that he would have to send his licence to them if he was the driver. I said no way would he trust his drivers licence to the postal service especially international! He has suggested to me that he could take the blame but surely the police have to prove guilt?

That is Pure Rubbish under UK Law ... It is typically what is called "Bluff & Bluster" actions by the Scamera Partnerships, and is intended to effectively "bully" the NIP recipient into pleading Guilty the "Prosecutorial Convenience".

I'm assuming what you recieved was a "Section 172" Notice requiring you to name the Driver(s) (to the best of your ability & knowledge) within 28 days ...

If so, AND your boyfriend & you both "think" he was the "most likely driver" at the precise time (hint, hint. ), then ALL you have to LEGALLY provide on the S.172 form is his Name & Canadian Address ....
... You are also obligated to provide his Canadian Driving Licence Number ***IF*** you know it (but you obviously DON'T, do you ? ) ... I don't know my wife's Number despite being married to her her for 25 years :rolleyes:.

IF NEITHER of you genuinely know which of you was driving, then (to protect yourself from any charge of "S.172 Failing to Name the Driver") you should name & address BOTH of you and clearly state on the form that you DO NOT KNOW which of you was driving ... In this case, you should expect to recieve further bullying & possible visits trying to get you to accept liability yourself, but STICK to your guns and SAY NOTHING ELSE.

Further tip :- Do NOT sign the S.172 form as there is absolutely NO law which requires you to sign a legal document involuntarily (Despite what the authorities might try to make you believe) ... Whereas if you do sign it, then it can potentially be used against you as an "Admission under PACE".

dnc1781

angel wrote: »

I've just come back from a driving holiday in a rental car and a speeding ticket arrived this morning, it was 45 on a 40 stretch.

Now the problem is that I don't know who was driving at the time.

Any ideas on what I should do next?

Read this:
http://www.honestjohn.co.uk/faq/faq.htm?id=49

angel

dnc1781 wrote: »

Read this:
http://www.honestjohn.co.uk/faq/faq.htm?id=49

That all looks interesting but it's late so I'll read through it properly tomorrow. The first thing that I notice is this ... "There is a statutory requirement to "serve" the NIP within 14 days of the offence - calendar not working days, othewise it is invalid and can be ignored or returned with a note to that effect." The offence was 16 May and the letter that I recieved was dated 12 June, I got it on the 15th June.

Although that's interesting I still feel like sticking to my simple point that we really don't know who was driving at the time. But, I'll read more tomorrow!

Gold_Shogun

angel wrote: »

"There is a statutory requirement to "serve" the NIP within 14 days of the offence - calendar not working days, othewise it is invalid and can be ignored or returned with a note to that effect." The offence was 16 May and the letter that I recieved was dated 12 June, I got it on the 15th June.

Unfortunately for you, that defence wouldn't work as "Car Rentals" are one of the exemptions of that requirement due to the longer time required to obtain your details from the Rental Company.