speeding ticket

JIreland

but we honestly don't know who was driving. It's a company vehicle and its one of two possible drivers who were at the wheel, but we've done that journey so frequently, neither of us have an idea of who was driving at the time. The speed camera photos are of the back of the car so we can't tell from those photographs either. It's also wierd as both drivers are partanoid about getting speeding tickets and so drive everywhere possible on cruise control, we're accused of doing 61 on a dual carriageway in a 50 limit. I've checked online, it's VERY well signposted, neither of the drivers would have missed the speed limit change.

It happened in Scotland so I understand that their rules are a little different to what they are here, I have written to the fund raising agency, sorry, camera enforcement agency, and explained about not being able to identify the driver but she started threatening me with charging the company with speeding, the police would be visiting the company and saying that the fines would be bigger.

We offered to split the points and fine between the two drivers but they didn't like that idea.

I've been told to fill in the form and to send it back without delay else they'll start proceedings against the company. The form has three options, A "I was the driver" B "I was not the driver" or C "I don't own the car"

Whilst it is very clearly NOT option C, neither A nor B are applicable and if I were to sign either one, I would be signing a legal document which could be a pack of lies.

Does anyone have the solution please, or any ideas?

Poppy9

Most companies keep a log of who was driving a company car at any time.

Bowling_4_Gold

Could you look at mobile phone logs at all? Presumably the one driving would not have answered calls/responded to texts at the time of the ticket.

JIreland

unfortunately? the vehicle has hands free synced to both the mobile phones. so logs wont help....although after looking at the blackberry it only stores the latest call that that person phoned, so if a person called 6 times in one day, only the most recent call will be shown.

Poppy, there are only two people who can drive the vehicle; whilst out on site visits, drivers change anything between twice to 20 times per day. Accurate records aren't feasable whilst out on site.

Poppy9

JIreland wrote: »

u

Poppy, there are only two people who can drive the vehicle; whilst out on site visits, drivers change anything between twice to 20 times per day. Accurate records aren't feasable whilst out on site.

I'm surprised your insurance doesn't demand you keep records of who was driving.

If the car is used for site visits presumably you have a diary that shows who is due where when. This along the date/time/road of offence should tell you who was driving.

Not being awkward or anything but these are the questions you will be asked if you fail to provide the drivers name as it's reasonable to expect a business to know where it's company vehicle was and who was driving.

Family sharing a car for shopping trips etc. and caught speeding may have more difficulty establishing who was driving.

sh0597

You have to prove you used "reasonable diligence" in trying to identify the driver. If you don't keep records you have to explain why that is reasonable.

FiremanDave

Get over to https://www.pepipoo.com

Do you live in Scotland?

Send it back but don't sign it.

Aretnap

If you don't identify the driver then the company will likely be charged with failure to provide driver details. It's a very difficult charge for a company to defend as with companies (as opposed to individuals) there's a presumption that a log should be kept of who was driving the vehicle. To avoid conviction you would have to persuade the court that the failure to keep a log was reasonable AND that you could not, with reasonable diligence, have worked out who was driving.

If convicted the company will get a hefty fine (don't expect much change from a grand) but as it doesn't have a driving licence it can't get points.

In future, best to keep a log - it will make life much easier if the situation comes up again.

sillygoose

I think you will not get far with 'not feasible' how is a small notebook and pen
in the centre console with entries nothing more than

21/9/14 10am Fred
" 11am Pete
" 12am Fred

Not feasible?

The more often drivers switch then the more responsibility you have to make sure you can track them not less.

alastairq

http://www.pepipoo.com/Section_172.htm

Provide a list of possible drivers?

Car_54

alastairq wrote: »

http://www.pepipoo.com/Section_172.htm

Provide a list of possible drivers?

If you follow that link, there is one example where it worked, and that's many years ago.

Assuming the current request is addressed to the company, I doubt whether a list would be acceptable, as explained by Aretnap above.

Even if it was, it would simply result in S172 requests being sent to both possible drivers, so they'd be no further forward.