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That's the chance you take when you break the law.One gets shafted either way
That's the chance you take when you break the law.One gets shafted either way
They don't mean criminally, they mean that if they are enforced for the parking ticket, they will settle it and bill you.Pretty sure when I leased my van it was written in the contract that I was responsible for speeding , parking tickets etc
If the lease company is the registered keeper they will reply to the NIP with the name and address of the customer leasing the vehicle. That person is not under the same obligations.
Sec 2 a) applies to the lease company
Sec 2 b) applies to the customer.
Note the obligations are different.
RK nominates customer, customer denies it and nominates wife. Wife denies it.
I believe it’s called a clarkson (denied being the driver) though the Hamilton is different but similar (blamed each other). Both are well known.
(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies —
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police [F3 or the Chief Constable of the British Transport Police Force], and
(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.
(3) Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.
(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
“Unable to say” does not amount to the due diligence defence. This isn’t about a right to silence, you are required to carry out a diligent investigation. You could end up in prison if you don’t shop whoever it was.Hi All
Have just received a speeding ticket from police for doing 26mph in a 20mph zone.
The image provided is a night time shot with no driver visible.
The road is frequently driven by both myself and my wife.
The offence is now 6 weeks old as the vehicle is lease and we have been away on holiday so am unable to say (without reasonable doubt) who was driving at the time.
The letter suggests a 'not sure' reply will not be acceptable.
Thoughts everyone?
Cheers
Doug
He is not the registered keeper.“Unable to say” does not amount to the due diligence defence. This isn’t about a right to silence, you are required to carry out a diligent investigation. You could end up in prison if you don’t shop whoever it was.
He has narrowed it down to being 1 of 2 people. Just not sure which 1.“Unable to say” does not amount to the due diligence defence. This isn’t about a right to silence, you are required to carry out a diligent investigation. You could end up in prison if you don’t shop whoever it was.
This is the way to go.You could be honest, say you are uncertain who was driving at the time, and ask them if they might be able to provide a clearer photograph to help you identify the driver...
I'd prefer to see councils sending out small fines, no points, for the 26mph ones.
Not entirely correct. Some forces declare what the cameras are set to some don'tThere is no official leeway, you can be done for going 1mph over the limit.