Speeding ticket from test drive

MarkPstranger

Hello, I have been sent a ticket following a test drive from a dealership.
I initially disputed that it was me saying that I felt I had returned the car by the time of the offence.
The dealership, via the police, sent the form I signed to do the test drive showing me as the driver. I dispute the timings and the “end time” is apparently generically 30 mins from the start.
The police are saying I likely need to go to court over this which I will do but really don’t want to. Anyone with experience on this that can help please?

Herzlos

You should contact a lawyer who deals with this stuff, as our advice is worthless.

However, what was the time of the speeding offense, and how does the time/location fit with the test drive?
Do you have any proof of you being elsewhere when it happened?

Was the speed camera somewhere on the route?
Is there a photo from the camera that could potentially identify the driver?

Ath_Wat

Is it likely that in that 30 minute time slot you returned the car and someone else had time to take it back to wherever the ticket was issued?  How long did the test drive take?

Car_54

OP, what stage has this reached? Have you already lost the option of a fixed penalty or course? What speed and limit are alleged?

facade

Try posting at pepipoo dot com, (you have to register, and you can't use a disposable or hotmail address) They will want details of the NIP and your timings.

Obvious question: could it have been you, and you are disputing it because of the camera clock being a few minutes out, or is there absolutely no possibility it was you as you either never went past that camera, or you fully remember the camera and know for a fact that you were below the speed limit? if it is a speed trap they can catch you 1km away.

TooManyPoints

Presumably you have been sent your own "Notice of Intended Prosecution" together with a request for driver's details (usually known as a "Section 172" request). The first thing you must do is to respond to this. If you fail to do so, you face a charge under s172 of the Road Traffic Act. This is a much more serious offence than speeding and, on conviction, carries a hefty fine, six points and an endorsement (MS90) which insurers hate.

Before you respond, you can ask for "photographs to help identify the driver". They rarely do help but they may do. But if you are absolutely certain you were not driving you must respond by saying so. You should note that as you were not the "person keeping the vehicle" (that is the dealer) you do not have a duty to name the driver. Section 172 says you have a duty to provide "...any information which it is in his power to give and may lead to identification of the driver." You must respond saying it was not you, that you were driving the vehicle for a test drive provided by [Dealer's details]be tween [hh:mm] and [hh:mm] but not at the time mentioned. Unless the dealer comes up with something different there is every likelihood that you will be prosecuted under s172 but, since you were not the person keeping the vehicle you will have discharged your duty under s172 provided you give the police all the information you have. The police have to prove you were driving, you do not have to prove you were not. There is an onus on the business to keep records of who is driving their vehicles and a court may not find it sufficient for them to simply assume that all test drives last 30 minutes. 

The police should make further enquiries of the dealer when you make your response. Whether they will or not is up to them, but you should be prepared to be charged under s172.

How much difference is there between the time the alleged offence took place and the time you were driving the vehicle?

jimjames

MarkPstranger said:

Hello, I have been sent a ticket following a test drive from a dealership.
I initially disputed that it was me saying that I felt I had returned the car by the time of the offence.

"Felt" you had returned the car by the alleged time isn't a very strong defence I'd suggest. Do you have anything stronger? Route you took wasn't where the camera was located?

iwb100

Yeah the timing is crucial here. It’s one thing saying I handed the car back at 2.00 and offence was 2.45. Sure. Something to look at there. But if it’s a few minutes either way AND you went on the route with the camera then I’m not sure it’s much of a likelihood that it wasn’t you driving. 

castle96

recently bought a car after a test drrive. God knows what the time was. Signed nothing at all. presume coved by their insurance?!

diystarter7

I'm sure the car sales place will have cctv footage of you leaving and then returning.

Btw, you too will be aware if you were speeding or not so think about it. 

Was the speeding 70 in a 40 zone etc or 45 in a 40 zone which may be more difficult to recall and where about in your test drive did the cams zap the car. At times speed cams zap the driver as well so you may want to ask if there is that evidence there..


To all that test drive a car or allow their car to be test driven for repairs/sale/etc, always make contemporaneous notes of when they took your car or car out and in if you are there. These notes will then by your evidence in your favour or to remind you that it was you or them.

MarkPstranger

Thanks for all the answers here. I don’t know if I went precisely past the camera at the start of my test drive as the picture sent by the police shows somewhere near the route so that’s possible. 

The photographic evidence form the police is the back of the car and that’s not clear where it is and there’s no picture of the driver.

The reason I don’t believe it was me is that the offence took place 30 mins after I started the test drive according to the dealership documents and it shows me returning the vehicle at exactly the time of the offence. However I am categorically sure that the end of my route was nowhere near the camera location.
I’ve sent the forms to say I wasn’t driving now twice to the police but they twice came back to me saying that the dealership asserts I am driving.