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Old 04 December 2003, 06:21 PM
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Dazza01
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Ok, there are loads of different ways of trying to get out of accepting points for speeding.
If like most people, they will try the don't know who was driving ur honour, me or the wife.

they say if u cannot identify the driver of the vehicle, the registerd owner gets them... i think..ok so here's the question

What happens if you have registered the vehicle in u & ur wife's name ???
ie, Mr & Mrs A & B Cloggs ??????


anyone done this or know's what they do in this situation ??
Old 04 December 2003, 06:58 PM
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hedgehog
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The registered owner of the vehicle gets the NIP on every occasion. They must then nominate the individual who was driving the vehicle at the time the alledged offence took place.

If it is not known who was driving the vehicle then, if you can demonstrate that you have tried to establish who was driving, you will have a paragraph 4 defence. The Hamilton family recently successfully used this defence I believe.

There is no situation where, if no one else can be blamed, the blame defaults to the registered keeper. The vehicle cannot commit the offence and for someone to be guilty of an offence it must, in theory, be established beyond reasonable doubt that they were driving. Currently the law does not allow the courts to lay the blame on someone randomly selected from the studio audience, though the way things are going that day isn't too far away.

I suspect, though don't have the details to hand at present, that the registered keeper could not be "Mr and Mrs Bloggs" but would have to be either an individual or a company. Someone must have ultimate responsibility and, in the case of a company, company law would dictate who that would be. This bit is, however, an educated guess as the precise details are not to hand.
Old 04 December 2003, 08:02 PM
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Dazza01
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thx's hedgehog,
only reason i ask is, cos when i brought the wife her escort, it was actually registered in both the previous owners names, so was just wondering who the court would blame suppose if u split up u could claim half the car ?
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