paul w

Hi,

Received a nip for 38 in a 30,anyone doing that speed wants fineing imo but i was not driving,story goes-

Working on temp contract and got given landrover as works vehicle after couple of months working for firm. Up untill 23rd august 7 people had access to it,myself being the main driver,picking people up,taking to work and home.During the day anyone drove it,however nobody was the nominated driver until 23rd august when i was asked to keep the vehicle and look after it and not let the others drive it.Someone dont know who committed the offence on 13th august and i have been named by my former employer as the driver on said date,on the date in question i was nowhere near the offence location and there are timesheets and welding records that will confirm this if my former employer will release them.

I have replied to the police stating all these facts and they have replied telling me i have been nominated as the driver by my former employer,i have been in touch with the ticket office and the person i spoke to was very sympathetic and sent me a copy of the photo telling me to send it back categorically denying that it was me driving. However the photo is a rear shot showing FA.

Anyone know what i should do next as i am not taking someone elses points and have been named as driver as i am the only person actually on record connected to this vehicle and the company are just shifting the blame to me as an east way out.

Any advice appreciated.


Cheers Paul

TheScooby

Well the best thing i can think of is to keep going at your employer. Because if it wasn't you that just isn't right. Or you could find out who of the 6? people did it(Some under-cover work). Shouldnt be too hard, if all that fails, looks like you will be stuck with the fine and the points. Sorry to hear mate.

TheScooby

Reffro

If the police don't want to listen to you at this stage. Gather your evidence, a good solicitor and go to court. Remember you have the option to have your day in front of the beak. They can't convict you if you have evidence to prove you weren't driving. Its a bit of a pain in the **** I'll admit but you'll not get the points or the fine.

AudiMan

Stick with the truth, and take it to court, if they can't prove it was you driving then the company who own the vehicle get the fine and points (this is usually the director). Doesn't do much for your career prospects, but then why should you take the rap for someone elses bad driving.

paul w

Cheers for the sugestions.

There is no chance of finding the driver as none of us work for the company anymore and i didn't know the lads that well.I've been in touch with the company today to try and get them to send me timesheet copies and welding records but have not heard back.

Jerome

If you were not the registered keeper on the 13th, you have nothing to worry about. You can prove you were not the driver and the points will then go to the registered keeper at the time of the offence.

If you were the registered keeper, you can tell the court that the company holds records that prove you were not driving. It might be an idea to get a solicitor to write a letter to the company demanding copies of this evidence in preparation for a court case.

I suspect, with the shifting priorities of the Govt and senior Police, you would be able to break into the company offices and steal the evidence and still come off better.

BuRR

Really, the onus should be on the owner / keeper of the vehicle to find out who was the driver at the time. If you can prove you weren't driving at the time of the offence, then stick by your guns.

Scooby Snax

Take it to court! Get a solicitor to write a letter to the company, very good idea. If this fails time to get the bats out!

paul w

The vehicle was owned by shb hire,mcconnell dowell were the hirers and i allegedly was the driver so the buck is getting pushed on to the next in line and it seems they think i'm that person.

paul w

I have heard nothing since the above post,does this mean they are convinced in is not me and found someone else,nearly a month has passed since they were last in touch.


Cheers Paul

hades

Doubt it, I'm afraid. I know someone who got an NIP and heard nothing for over five months, but he still got done in the end. (It was a genuuine offence in his case). Think the courts are slow, but they'll get there in the end.

steve McCulloch

I thought there was a 6 month limit from the date of offence from which they had to prosecute?

BuRR

6 months to serve a summons for the offence.

Remember - to convict in a UK court, the offence has to be proven beyond all reasonable doubt.

1% doubt is (in theory) enough to get you aquited. (sp)

Pauleds

Paul,
This is gospel so act on it.I am a traffic Bobby.Have no further dealings with the Police or CPS other than to tell them who the registered keeper of the vehicle is.If they cant prove you were the driver then either the MD or company secretary of the firm will get prosecuted.I promise you this is the case.Don't worry.
Paul.