NIP - Company Car Driver

jparker86

Hello,

As director of a Limited Company I have received a NIP for a vehicle in our fleet. It is important to note that a few people drive this vehicle, and on the day in question the two who did drive it are undecided on who was driving it at the time of the alleged speeding offence.

We have the photographic evidence which is from the rear and unfortunately from this photograph we are unable to ascertain the driver. 

What our our options moving forward? Do we simply ignore the NIP and let them summons me to court?

AdrianC

How credible is their "Well, it might have been him, might have been me, couldn't tell you"?

You know the location and the time.
Were they in the vehicle together, and either could have been driving?
Or did they have the vehicle separately at different points in the day?

If the latter, then saying that you don't know when in the day they each had it is tantamount to admitting that your record keeping simply isn't good enough.
If the former, then which of the two was responsible for signing the vehicle out?

jparker86

Yes, so it could have been one of two persons and both were driving the vehicle (and in the vehicle together) in the area on that date.

Car_54

jparker86 said:

What our our options moving forward? Do we simply ignore the NIP and let them summons me to court?

That is certainly an option. If you take it, the company will be charged with failure to furnish driver details. Unless you can convince the court that you could not identify the driver using reasonable diligence, AND that your failure to keep record was reasonable, the company will be found guilty and fined heavily.

In addition, you as director can be charged personally if it is believed you have been negligent etc. In addition to a fine, that means six points.

Probably not the best option.

EssexExile

Reply to the NIP attaching a letter explaining the situation and see what happens. Ignoring it is not a good idea.

Biggus_Dickus

@jparker86

It sounds entirely plausible that your employees genuinely don’t know who was driving at the time of the speeding offence. It certainly presents something of a quandary for you.

Could be worthwhile enlisting the help of a specialist motoring offence Solicitor. Tax deductable??

In addition, cast your net wider and post your question on PePiPoo.com in the speeding offence forum.

 Some very knowledgeable gurus on that site.

Good luck.

 

 

TooManyPoints

Reply to the NIP attaching a letter explaining the situation and see what happens. Ignoring it is not a good idea.

What will happen if you do that is that the Company will be prosecuted for "Failing to provide Driver's Details" (as explained above). Is this a "pool" car or does an individual generally keep and is generally responsible for it?

Keep_pedalling

Sounds like a pool car, if so the driver should be recorded in the log.

AdrianC

AdrianC said:

If the former, then which of the two was responsible for signing the vehicle out?

You DO make one driver sign the vehicle out, right?

TooManyPoints

It seems like the OP is not going to come back. However, if he does, the Company (or more specifically the person completing the S172 request) does not know who was driving. They never do, unless they are present in the vehicle at the time. If the car is a "pool" car and has been signed out, then the person signing it out should be named. If it is a car that is generally in the possession of a single individual then that person should be named. They will then receive their own s172 request and can make their own enquiries about who was driving.

If the car is a pool car and no record of who had taken it was kept, then (as mentioned by Car_54 above) the Company must prove that the lack of records was reasonable. So the Company either names the person they identify under one of the the two scenarios above or they defend the matter, bearing in mind they must prove that (a) they did not know who was driving, (b) they kept no records and that was reasonable and (c) they had exercised  "reasonable diligence" in trying to do so.

It should be noted that only "the person keeping the vehicle" has the obligation to name the driver. "Any other person" has only the duty to provide "...any information which it is in his power to give and may lead to identification of the driver." That is why I asked the general status of the car. If it is a pool car a court would almost certainly view "the person keeping the vehicle" as the Company and they would have a duty to name (who they believed) to be the driver. If it was a car usually in the possession of a single individual, then that person would be seen as the keeper and the Company would have the less onerous obligation.

born_again

Op needs to tell them, either they say who was driving or they will both be on a disciplinary. With the possibility of the sack for failing to provide the information required.