Speeding fine, no idea who was driving

blackbirdxx

Hi

I was visited by my brother and sister in law for 6 weeks whilst on holiday from Trinidad and Tobago. My wife borrowed her sister's car in order for us to do a road trip of Britain covering about one thousand miles. Myself and my brother in law split the driving over the entire journey.

My wife's sister, whose car it belongs to, has now informed me that we received a speeding ticket in Scotland. Apparently we were travelling at 55mph in a 40 mph reduced limit through roadworks on the M8 motorway. The problem we have, is that we have absolutely no idea who was driving. The photographic evidence only shows the rear of the car and this all happened about 4 weeks ago. My brother in law is from Trinidad and Tobago and was driving on his foreign licence. I am from the UK driving as a named driver on my wife's sisters car.

My question is, what should we do? We obviously were caught speeding but have absolutely no idea who was driving. Should I say that I was driving and take the fine and points or should I let it go down the legal route and possible pay a higher fine?

Any thoughts or solutions will be gratefully received??

Jemma01

are there points with it or a course to attend? Are you a first time offender? Or have you been caught before with points? If a course to attend you could take it as the other guy is probably back and can't do it and becomes points

blackbirdxx

My last speeding ticket was about 5 years ago (35 in a 30 zone). I have been on a speed awareness course about 15 years ago, not sure if they will offer that option again. 

oldernonethewiser

Speed awareness courses are not available in Scotland.

You could ask here

https://www.safetycameras.gov.scot/question-and-answers/

Car_54

blackbirdxx said:

Hi

I was visited by my brother and sister in law for 6 weeks whilst on holiday from Trinidad and Tobago. My wife borrowed her sister's car in order for us to do a road trip of Britain covering about one thousand miles. Myself and my brother in law split the driving over the entire journey.

My wife's sister, whose car it belongs to, has now informed me that we received a speeding ticket in Scotland. Apparently we were travelling at 55mph in a 40 mph reduced limit through roadworks on the M8 motorway. The problem we have, is that we have absolutely no idea who was driving. The photographic evidence only shows the rear of the car and this all happened about 4 weeks ago. My brother in law is from Trinidad and Tobago and was driving on his foreign licence. I am from the UK driving as a named driver on my wife's sisters car.

My question is, what should we do? We obviously were caught speeding but have absolutely no idea who was driving. Should I say that I was driving and take the fine and points or should I let it go down the legal route and possible pay a higher fine?

Any thoughts or solutions will be gratefully received??

What do you mean "go down the legal route"?

If you mean failing to name anyone, that will almost certainly mean 6 points, a large fine (plus surcharge and costs) and a code on your licence which insurers don't like and will affect premiums for the next.

Before you name anyone, were all of the possible drivers insured to drive the car? Naming someone with a foreign address will draw police attention, and insurance is one of the first things they'll check. You would need to produce a certificate naming the driver specifically.

facade

As the Registered Keeper, your wife's sister has to either name the driver, or demonstrate to the Courts satisfaction why she doesn't know and could not find out (or face a large fine and 6 points with an offence code that will really push up her insurance). In this case she should name the person she allowed to have custody of & drive the car, which would be you, as you are a named driver.

You will then receive a ticket asking you to admit to being the driver, or to give whatever information you can that would identify the driver. 

If you believe that you could have been driving you admit it and accept the fixed penalty of a fine and 3 points (it is too fast for a course). If it turns out that there is evidence that it actually wasn't you, then they usually draw your attention to your honest mistake and give you the chance to correct it.

If you are certain that it was your brother in law, then you name him. This will cause consternation at the ticket office as he is out of the country (They get this a lot as people claim that their Uncle from abroad was driving whilst on holiday to try and avoid a ticket). They will follow this up with you and your sister in law, and at the very least will be asking for proof that he was here and was insured to drive the car, if you can't provide it you or she can be charged with permitting an uninsured driver to drive her car, which carries a large fine and 6 points.

(If you had custody of the car, then it is you who permitted him to drive, and you who would face the penalty)

LightFlare

Un-signed may still be an option in Scotland

drop a query on:

https://www.ftla.uk/

provide all info requested, no matter how trivial it may seem -- read the "read before posting" thread as well

TooManyPoints

Jemma01 said:

are there points with it or a course to attend? Are you a first time offender? Or have you been caught before with points? If a course to attend you could take it as the other guy is probably back and can't do it and becomes points

They don't know who was driving. And apart from that 55 in a 40 is too fast for a course. And apart from that courses are not offered in Scotland at all. Other than that, your suggestions should work out just fine!  

Car_54

facade said:

As the Registered Keeper, your wife's sister has to either name the driver, or demonstrate to the Courts satisfaction why she doesn't know and could not find out (or face a large fine and 6 points with an offence code that will really push up her insurance). In this case she should name the person she allowed to have custody of & drive the car, which would be you, as you are a named driver toon.

Not quite. The sister-in-law may have been the RK, but she was clearly not “the person keeping the vehicle” (the OP), so her obligations are slightly different.

But whatever, she still has to finger the OP!

blackbirdxx

Just to clarify....
My wife's sister (the cars owner) has been sent the 'notice of intended prosecution' form to complete and I will be noted as the named driver. There is no problem with naming the other driver with the foreign driving licence from Trinidad. The car was always going to be driven by the both of us for the entire road trip and insurance was set up accordingly although I am the only named driver. I do understand that naming a foreign driver to take the wrap can be a common ploy to avoid prosecution but in this case it was an arranged road trip with b&b accommodation around the country. All the named people in the car are clearly documented as staying in various b&b's. Not sure if this helps my case but who knows?

  

Hoenir

blackbirdxx said:

The car was always going to be driven by the both of us for the entire road trip and insurance was set up accordingly although I am the only named driver. 

  

You may well find a court disbelieving of the fact that an unnamed driver (on the insurance) has left the country. 

It's a penalty offence in itself for an insured driver to knowingly allow an uninsured driver to drive a vehicle. 

Blocks a convenient loop hole.