[DREAM CLEAN]

So after the worst day of my life sorry second worst day of my life I get home to find a letter from the central ticket office to say that the person who was driving my van on the speeding fine day states it was not him so they have now sent the notice back to me.
I do not have a drivers log
He no longer works for the company.
the office state that photo evidence can be used to prove the van was speeding but not to prove the drive.
Has anybody had this problem and does anybody know what to do?

Many thanks

Nick

[Art]

Nick, this happened to a mate of mine and what he did was ask for a clear picture of who was driving his car as there were 3 different drivers it could've been and after him argueing the point that the picture wasn't clear enough to tell who the driver was, they let him off.
Not sure if it's still that easy, but it's worth a go.

Arthur

[dg-cleaning]

hmmmmm I think they pick and choose when they can see the driver personally to suit themselves! I am sure someone in my family told me a story of ssomeone getting a ticket, a feller and he tried to tell the ticket office it wasn't him driving the car but his wife for insurance or points reasons ,the response he got was "Does your wife have a full beard?"! as they had taken a photo of the driver.I would contest it all the way!

[DREAM CLEAN]

Arthur,

Did you get my e mail for that domestic?

I know it was him I even have texts from the wife talking about being kept up all night by our baby and I also slept on the way to the job.

you guys are thinking the same as me

[Art]

Hi Nick, yes i got the email thanks. I did ring but the call went to voicemail i'll have another go in the morning and let you know how i get on. Thanks for passing it on and hopefully i'll be able to return a favour.

Arthur

[DREAM CLEAN]

yea she took all day to ring me back , she knows you'll be ringing.
this forum is good for things like that.

Nick

[Cleaning Resource]

I would not go in all ballsy about it, they have been fining people loads lately when they have denied it and the court then decided it was them, they even sent a few to prison(prob let out now cos of overcrowding  ).

I would deny it but be as helpful as possible, suppling all details of  any one it may have been (can`t be that many)   

[steve doyle]

good advice,

i think you should just tell them who was driving. if they have photo evidence they can confirm it. if not then i dont think it is the case the ticket  has to be given to someone. i thought the driver  still had to be proven if the vehicle is used by others and they deny it.

maybe you could back it up from job sheets/ diary etc to show who was where at a specific time etc,

[paulstevens]

hi all we had this about a 2 months ago.. all three drivers denied it so the police.. said the fine will go to the registered owner by law.
hope this helps
Paul

[*Chris Browne]

Take the three points and the £60 quid fine......and be more careful, i know from experience's its not worth contesting... at the moment i have to drive like a nun i am on 9 points and have to be careful till next June

Chris

[sohoit]

This is a mine field of an area!  I know that if you can not prove to the courts who was driving my some form of records then they will issue the fine to the registered keeper or the company secretary if you are a limited company.  I have had first hand experience of this.  I challenged it and lost - they then made me pay court costs as well.  So unless you can provide documentary evidence of who was driving on that day i would just learn from the mistake, pay the fine and take the points and start keeping a vehicle log.

[J. Deans]

Yes, ultimately it comes back to the registered keeper/owner. But...

I am not sure if it is still the case, but a few years ago someone challenged in the European court, that as speeding was a criminal offence, they had the right to remain silent. They won the case and that is why most speed cameras now face the direction of oncoming vehicles - for photographic evidence - when people refuse to answer who was driving.

I don't know if they have gotten around that now by automatically making the registered keeper/owner responsible. I don't see how they can. After all, if you were not driving, then you were not speeding - simple as that! Why should you take the points and a fine for something you didn't do?

I would continue to insist that it was the ex-employee that was driving at the time. Surely you have work records for that day and obviously you know where the offence took place? Try to match the two together. Hopefully it will get dropped in the end - or end up with the right person.