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Hire Car Speeding Ticket - Help!

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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BykerSands wrote: »
    Well that's a really simple answer.

    They want to know who the driver is so they can deal with them for the speeding offence.

    Yes simple answer but as I KEEP SAYING it's not just a speeding offence is it ??
  • beamerguy wrote: »
    In a real world what you say might be correct but try telling a magistrate that, proof is required
    They have heard all the excuses under the sun, and proof of posting is not proof it has been received.

    You are giving the wrong information by saying
    "Else you could just bin their paperwork and get off with any offence as you've not signed for it."

    The police will knock on your door instructed by the magistrate
    the so called proof of posting means nothing

    The reason on this forum for saying get proof of posting is that PPC's may reject "signed for" mail but a normal letter is just delivered

    Even proof of posting does not mean it was received

    Where you are wrong, is that Magistrates Court do not presume anything

    It is presumed to have been recieved and would be up to the recipient to prove otherwise. If like you the magistrates don't know this then it's the court clerks job to instruct them on legal matters.

    Ever heard the phrase, when in a hole stop digging?
  • beamerguy wrote: »
    Yes simple answer but as I KEEP SAYING it's not just a speeding offence is it ??

    As far as the police are concerned, at the minute it is.
  • Ok, read through most of this, and I honestly fail to see why it's not been wrapped up.

    Here are the facts:

    1. Police will ask who was driving as a matter or policy.
    2. Hire Company will pass on details of the Hirer.
    3. You are NOT insured to drive hire cars.
    4. If you say you were driving, it's quite likely you will be punished.
    5. But maybe the insurance aspect may not come into it.
    6. You have the moral choice of saying your partner was driving, this is illegal. But as with anything, your call.

    And then opinion- take it on the chin, say you were driving. If it comes to it with driving without insurance, take it on the chin. Once you have said you were driving odds are it will just bee a spedding issue.

    Finally, put it into perspective. If you had hit someone (or even hurt someone) whilst speeding it would be a lot worse than if you got police camera caught, no?
    If my post doesn't appear to be serious, then it is not serious. So what? Kick back, relax enjoy life and have a little fun. Life is far far too short to be grumpy!!!!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BykerSands wrote: »
    It is presumed to have been recieved and would be up to the recipient to prove otherwise. If like you the magistrates don't know this then it's the court clerks job to instruct them on legal matters.

    Ever heard the phrase, when in a hole stop digging?

    WRONG what you are saying works for them, not us
    The word presumed is not a word used in a magistrates court apart from the defendent. Not a word used by the CPS

    And as you say "when in a hole stop digging?"

    Please stop
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BykerSands wrote: »
    As far as the police are concerned, at the minute it is.

    and .... ?
  • beamerguy wrote: »
    and .... ?

    And what's your point?
  • BykerSands
    BykerSands Posts: 437 Forumite
    edited 26 January 2016 at 8:05PM
    beamerguy wrote: »
    WRONG what you are saying works for them, not us
    The word presumed is not a word used in a magistrates court apart from the defendent. Not a word used by the CPS

    And as you say "when in a hole stop digging?"

    Please stop

    Say who?

    Post either Case Law or Legislation to back your claim up.

    We'll be waiting a while for you to find some.

    Have a read.

    https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-04.pdf
  • StaffsSW wrote: »
    As the car came through her husbands employer, then their fleet policy will have been used. The hire company do not need to check who is entitled to drive, they only need to confirm that a valid insurance policy is in place at the commencement of the hire.

    Although, reading the OP, her partner was the person contacted directly byt the insurance company. Had it been a fleet policy, the hire company would have contacted the employer.
    If my post doesn't appear to be serious, then it is not serious. So what? Kick back, relax enjoy life and have a little fun. Life is far far too short to be grumpy!!!!
  • Although, reading the OP, her partner was the person contacted directly byt the insurance company. Had it been a fleet policy, the hire company would have contacted the employer.

    That's not 100% correct, it could be on a fleet policy. The hire company will name whoever has hired it or the provide the details they have been left.

    The company may have named the partner.
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