Speeding Ticket

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I do not know who was driving, what should I do?​

The law requires the person or company keeping the vehicle to provide information as to the identity of the driver. Failure to comply may result in a court hearing where it will be open to you to explain why you did not know and could not ascertain who the driver was. A conviction for the offence of failing to furnish driver details involves the mandatory endorsement of 6 driving licence penalty points.

Hmm. A possibility of a speed awareness course or 6 points on my licence and a conviction. I know what I’d chose especially if you know that one of you was definately the driver.
 
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All I know is that they started plugging the holes in this area, sorry don't know who was driving at least 30 years ago. Why companies might have a car registered to them and used as a general run about by employees. I did know a solicitor who has moved away. Group of them and their company did register a run about. In the early days they just said don't know who was driving and got away with it. Company cars may get used the same way. Another i worked for preferred people to hire a car. They had a deal with one of the hire companies. All offered a mileage allowance if some one used their own. Income from that can cause tax problems and people might not want the additional mileage on their own car.

Now lots of cars are leased including company cars. On those when the lease is up the usual driver gets an offer to buy it. Some do as they can be sold at a higher price. ;) My brother for instance.

So lots of leased cars about. Holes in the rules - sorry I have my doubts as if significant they will have been plugged.

Like many similar things go to court and you have legal costs and may also get hit with a higher fine if you loose.
 
Last edited:
JonathanM said:
What are the rules with a lease car? What information do you have to provide if you are not the registered keeper?
Click to expand...
Pretty sure when I leased my van it was written in the contract that I was responsible for speeding , parking tickets etc
 
If the OP was in line to receive £1 million sterling, if only he could identify who was driving, that information could be found in a flash. Mobile phone records etc.
A speeding ticket however.....
 
Some might find a Wales update of interest. 20mph seems to have mostly gone except where there is a sign and most are attempting to stick to it. This is Pembrokeshire.

Other areas. More worrying. Wales is fond of sticking up temporary signs and leaving them there. Might be down to congestion or periods of heavy rain causing problems. It can be hard to tell and they are mostly ignored.

New trick. A ~10mile stretch of 70mph dual carriageway. No islands or other problems. A large proportion gets 50mph temporary signs stuck up. Going to parts of Wales and they crop up immediately. Leaving Wales a long stretch still at 70. Last month none taking any notice. This month loads sticking to 50 suggesting the cameras have been out. They would normally only use these signs when grass verges need cutting. People usually slow down a bit as a carriage way is lost. There may be no speed reduction indicated when this is done. It varies. I suppose they become 60 but no rules. They may use 40 or 50 when this is done.

LOL I am reminded of a report that used to be on B'ham local radio. Where are the cones in Wales. People would phone in and mention where they were. An inplication that they tended to use incredible lengths of them which I feel is correct. ;) Not so sure there is so much difference now compared with the rest of the country.
 
Interesting comment from a legal company

The picture isn’t clear​

This one isn’t so much as a scam as a mis-understanding of the law.
How it works
The police send out a requirement to provide driver information. Sometimes the police give a link to a photograph from the speed camera online. Sometimes the driver/keeper asks the police to send them a photograph.
Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. When that happens, the driver contacts the police saying that they can’t tell who was driving from the photograph so they can’t provide driver details.
Why it doesn’t work
The photograph is a red herring. It is only there to identify the registration of the vehicle, not the driver. The police are under no obligation to identify the driver. That is the job of the keeper who has a legal obligation to tell the police who was driving. The fact that the photograph is unclear is irrelevant.
The keeper must identify the driver unless they are unable to. This is quite a complicated area of law. I recommend that anyone who is going to tell the police that they can’t name the driver gets some legal advice first.
thedrivingsolicitor.co.uk

Notice of intended prosecution loopholes and how they can backfire

Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice.
thedrivingsolicitor.co.uk thedrivingsolicitor.co.uk

A google comes up with what a defence of can't say who was driving needs
The recipient of the s 172 notice (inevitably the registered keeper) will be prosecuted. Assuming they are the person keeping the vehicle, they have a defence if they can prove (on the balance of probabilities) that they did not know who the driver was and could not identify them after exercising reasonable diligence.
Good luck meeting that.
 
ajohn said:
Assuming they are the person keeping the vehicle, they have a defence if they can prove (on the balance of probabilities) that they did not know who the driver was and could not identify them after exercising reasonable diligence.
Click to expand...
Entirely possible, especially if the keeper is a hire company. How could they know who was driving at any given time?
 
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