RaZe-=Buzz=-

Lets get this straight - I am NOT trying to "get out" of this, nor was I the driver, or the passenger and I am not the registered keeper, for all you "Burn the speeding heretic" fanatics..

Its a works van. Two blokes had been sharing the driving all day around the Ossett area. 10 days later we get an NIP, addressed to our company director (registered keeper) who is out of the country.

I ask the blokes who was driving. They say they cant remember, they had been swapping all day and how were they supposed to know who had been driving at one particular time of day after 10 days of further driving all over the country ??

Fair enough, I wrote to the West Yorks police, asking for advice, explaining we couldnt ID the driver, saying why (see above) and asking for the photo/video to try to ID the driver.

Had a letter back this morning. This time its addressed personally to ME, saying photo only shows rear of vehicle, that "as a matter of policy this will only be made available at court in the event you should request a court hearing" , and further threatening ME, as the "registered keeper" ( IM NOT! ) with Magistrates court if I dont give them the info I dont have!

So - questions are - I thought they had to give me a copy of the "evidence" if I requested it as a matter of LAW, never mind their "policy"...

How do I now stand with them wrongly addressing me as the registered keeper? They KNOW who the registered keeper is (its my father) but they have still threatened ME with court. Can I get any mileage out of it?

At the end of the day, I think I KNOW who the driver was, even though he wont clearly admit it, and I can complete the forms and "turn him in" But I just DONT like the way they have gone about dealing with what I thought was a perfectly reasonable situation and question. I didnt expect the blinkered standard "if you dont we'll do YOU" attitude...

Maybe Burr can help! Wheres a policeman when you need one

^Qwerty^

Go to court with it as it stands. It will no doubt get thrown out for falling down on procedure.

(better check that though)

jasonwrxowner

I heard of a case where a guy got a letter much like your for a shared vehicle. He was told that if he didn't sign and return the documents he would be prosocuted. So he did.

His brief then got the case thrown out as it is also illigal for the police to force you to incriminate yourself to a crime which is what they had done by forcing hime to sign the paperwork.

Call a lawyer. Most will give you free advice. Also try the citizans advice.

Hope this helps.

RaZe-=Buzz=-

Qwerty, I'll put your name down as driver, OK?

I was curious about the evidence thing more than anything, and if I'd get a copy as so many peple have suggested I'm entitled to.

Im not prepared to go to court and risk a "wasting police time" charge just to see a photo of the back of a van.

Anyway, surely they wouldnt allow it to get there on such an obvious mistake on their part. Had I recieved a summons in the post this morning then I would have gone and just said "but Im NOT the registered keeper, here's the V5 "etc etc...

I might ring them and see what sort of Jobsworth Muppet answers the phone

Reffro

If I remember rightly if the vehicle is company owned, and they cannot identify the driver, the the directors of the company become liable for the fines imposed, but there are no points allocated. This was exactly the same scenario that had the chief constable of Hampshire police (I think) in court the other month.

So go to court, plead gulity as the director of the company /owner of the vehicle, get the fine and split the costs of the lawyer and fines between the two bozo's driving the van. OK it means half a day off work, but there is no harm done or cost to you, and with the bozo's paying the fine, it might help them to remember who was driving in the future.........
[Edited by Reffro - 8/20/2002 11:45:57 AM]

[Edited by Reffro - 8/20/2002 11:48:35 AM]

RaZe-=Buzz=-

Im not a director, they've made a mistake there..

I wrote to them as the director it was addressed to was out of the country on holiday and I didnt want to just leave it sitting there.

Thats why they have sent the letter to me this morning. Its addressed personally to me, written in the first person, and saying "you must" etc etc, and since Im NOT the registered keeper, my name is NOT on the NIP and I WASNT the driver, surely Im safe anyway .

Ive tried ringing on the number they give, buts its just an answerphone that tells you the same as the form then cuts you off. Cant speak to anyone, cant ask anyone...it SUCKS doesnt it..

What Ive decided to do is write to them again, advising -

Im not the registered keeper as their letter suggests.
The names and DOB etc of the two who were "responsible" for the vehicle that day.


What exactly will they do if both the men deny driving? Thats what I want to know now... Surely they cant penalise me or the company for that! I cant prove who was driving, and neither can they - the penalty as I understand it is for "witholding" information about the driver. By telling them who was possibly driving surely we've done all we can do?

At least this is keeping me occupied

Reffro

No they won't penalise you for witholding the information if you have made a genuine attempt to find out who was driving. But the company director or who ever is in charge of the vehicles, is going to have to answer for the speeding charge, in which case refer to my earlier post.