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RE: Hired Car - Speeding Prosecution
PierremontQuaker03
Posts: 312 Forumite
in Motoring
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.
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.
0
Comments
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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 a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
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!0
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Follow the advice in #2 and take this to pepipoo0
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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.0 -
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.
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.0 -
PierremontQuaker03 wrote: »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.
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.0 -
Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company0
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PierremontQuaker03 wrote: »Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company
Have you posted at pepipoo yet?====0 -
You are really wasting your time continuing posting here. (And suing the car hire will be very time consuming, and no guarantee of winning)PierremontQuaker03 wrote: »Exactly I am annoyed it is wasting my time - if it goes any further I will sue the car hire company
As advised throughout this thread, take this to pepipoo0
This discussion has been closed.
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