PLEASE HELP!!!!!!!!
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Discussion

gigybeast

Original Poster:

10 posts

158 months

Tuesday 13th May 2014
quotequote all
Hi all, this is my first post on this forum, I have been a member for some time looking at all the lovely toys, one day......

I work for a car dealership and one of the vehicles was caught speeding by a mobile camera unit (54mph in a 40mph) 50 FEET BEFORE A 50 ZONE!...

I used the car on that day and am one of 3 people that could get the points and fine.

I would like to know what chance I have of getting rid of this thing!, the photo was of the back of the car and cannot tell who was driving at the time, the company do not have a clocking on or off of cars when you drive them so all of us are in the same boat and seeing as none of us want to hold our hands up its better that none of us get it!.

Can someone out there please give me some advice on a way I can get out of this thing.

I race a legend and would love to get the guy that did it and hold his head by the tail pipe and let him have 11,000 rpm rupture his ear drums.....but anyway!....

Many thanks for your time!

Harry-Lee Wills

JustinP1

13,330 posts

246 months

Tuesday 13th May 2014
quotequote all
gigybeast said:
I used the car on that day and am one of 3 people that could get the points and fine.

I would like to know what chance I have of getting rid of this thing!
66.6%

Or, two thirds in old money.

Next!

Rovinghawk

13,300 posts

174 months

Tuesday 13th May 2014
quotequote all
Surely you know when you were in it & the time of the alleged offence?

Also- why did 3 different members of staff need to drive it? Was it something nice & shiny?


gigybeast

Original Poster:

10 posts

158 months

Tuesday 13th May 2014
quotequote all
Haha, it was the 1st Toyota GT86 that went sub £20,000 in our group. it went on 2 test drives and road test because the brakes had a nasty vibration.

the problem i have is the other 2 members of staff that drove that car are not with the company so all fingers point to me at the moment....

Many thanks


pork911

7,365 posts

199 months

Tuesday 13th May 2014
quotequote all
Is the car registered to the company?

Roo

11,503 posts

223 months

Tuesday 13th May 2014
quotequote all
You should have a test drive log which will show when the car went out on a demo.

twing

5,487 posts

147 months

Tuesday 13th May 2014
quotequote all
Top lurking!
My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.

JustinP1

13,330 posts

246 months

Tuesday 13th May 2014
quotequote all
Roo said:
You should have a test drive log which will show when the car went out on a demo.
Just picked up on that.

If I remember rightly, if its the case then they don't have one and no-one owns up then the company gets the fine as they end up with the notice and have to come to court to explain why they don't keep records.

Centurion07

10,395 posts

263 months

Tuesday 13th May 2014
quotequote all
twing said:
Top lurking!
My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.
Mine too, and as Justin pointed out, chances are you won't get anything but the company/MD will. Expect a change in procedures very soon! biggrin

plasticpig

12,932 posts

241 months

Tuesday 13th May 2014
quotequote all
twing said:
Top lurking!
My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.
Err no. It's the company secretaries responsibility to investigate and name the driver. It's possible for the court to impose a fine on the company for a section 172 offence if the company cannot identify the driver. To defend this the company would have to show proof it tried to identify the driver with reasonable diligence and that it was reasonable for the company not to have a record of who was driving.

Never heard of a company secretary actually getting points on their licence but in theory the court can do this,


pork911

7,365 posts

199 months

Tuesday 13th May 2014
quotequote all
Centurion07 said:
twing said:
Top lurking!
My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.
Mine too, and as Justin pointed out, chances are you won't get anything but the company/MD will. Expect a change in procedures very soon! biggrin
I thought unless the company coughs as to who was driving there can be no points and only a fine?

Vocal Minority

8,582 posts

168 months

Tuesday 13th May 2014
quotequote all
You don;t need to prove who it was at the wheel - that's the constabulary's problem. You only need to prove it wasn't you.

What time was the incident, was it before or after you drove it, and is there anyone around the workplace/outlook diary entries (hell even CCTV footage from work) that can prove you were kicking around work at the time?

Durzel

12,781 posts

184 months

Tuesday 13th May 2014
quotequote all
Whoever drove it obviously remembers where the camera van was since they knew its location relative to the speed limit sign, information not provided on a NIP, so nominate them (you).

ozzuk

1,327 posts

143 months

Tuesday 13th May 2014
quotequote all
Assuming of course that it wasn't you and you want to prove that, can't you check the CCTV for the time/date of offence?

Rovinghawk

13,300 posts

174 months

Tuesday 13th May 2014
quotequote all
gigybeast said:
Haha, it was the 1st Toyota GT86 that went sub £20,000 in our group. it went on 2 test drives and road test because the brakes had a nasty vibration.
Speeding because the brakes were possibly faulty?

Centurion07

10,395 posts

263 months

Tuesday 13th May 2014
quotequote all
pork911 said:
Centurion07 said:
twing said:
Top lurking!
My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.
Mine too, and as Justin pointed out, chances are you won't get anything but the company/MD will. Expect a change in procedures very soon! biggrin
I thought unless the company coughs as to who was driving there can be no points and only a fine?
I'm reasonably sure that I've read somewhere (probably on here) that in a similar case the MD ended up with the points. I could be mistaken though.

Mill Wheel

6,149 posts

212 months

Tuesday 13th May 2014
quotequote all
plasticpig said:
Err no. It's the company secretaries responsibility to investigate and name the driver. It's possible for the court to impose a fine on the company for a section 172 offence if the company cannot identify the driver. To defend this the company would have to show proof it tried to identify the driver with reasonable diligence and that it was reasonable for the company not to have a record of who was driving.

Never heard of a company secretary actually getting points on their licence but in theory the court can do this,
My ex-work neighbour got the fine and points when one of his employees took a bread van out in the middle of the night without signing out the keys as per company policy.
Result was he had CCTV and electronic card swipe locks installed so it should be possible to trace who took a vehicle in future.

aw51 121565

4,773 posts

249 months

Tuesday 13th May 2014
quotequote all
Durzel said:
Whoever drove it obviously remembers where the camera van was since they knew its location relative to the speed limit sign, information not provided on a NIP, so nominate them (you).
D'oh! banghead I don't think the OP meant the "fifty feet before the 50 sign" to come across like thathehe (oh, go on then rolleyes - rofl ).


Jocular comments aside, OP, whoever is on the V5C needs to nominate the three possible drivers at the time of the alleged offence.

Were the other two possible drivers employees at the time?

The company can't just point the finger at you unless they have a very good reason (the company don't know about the other two drivers, for example).

If you've already been nominated as the driver, this won't just "go away" (well, unless you consider a £500+ fine, costs, victim surcharge, 6 penalty points and an MS90 conviction code wreaking havoc on your motor insurance costs for the next 5 years as this matter 'going away' wink ).

Cliftonite

8,595 posts

154 months

Tuesday 13th May 2014
quotequote all
Mill Wheel said:
My ex-work neighbour got the fine and points when one of his employees took a bread van out in the middle of the night without signing out the keys as per company policy.
Result was he had CCTV and electronic card swipe locks installed so it should be possible to trace who took a vehicle in future.
Unlikely, I would have thought!


SK425

1,034 posts

165 months

Tuesday 13th May 2014
quotequote all
aw51 121565 said:
Jocular comments aside, OP, whoever is on the V5C needs to nominate the three possible drivers at the time of the alleged offence.
That's one I've always wondered about these s172 things. If you can narrow it down to a certain number of possible drivers, but you can't identify which, are you obliged to name all the possibles or are you just obliged to say "I don't know who the driver was" (with all the consequences that might give rise to)?