PLEASE HELP!!!!!!!!
Discussion
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
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
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
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
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.
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. My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.
Never heard of a company secretary actually getting points on their licence but in theory the court can do this,
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! My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.

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?
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?
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! My understanding is that if no-on puts their hands up to it then the fine/points go to the man at the top.

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.Never heard of a company secretary actually getting points on their licence but in theory the court can do this,
Result was he had CCTV and electronic card swipe locks installed so it should be possible to trace who took a vehicle in future.
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! 



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'

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!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 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)?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff