Speeding: 42 in a 30 on a test drive

Speeding: 42 in a 30 on a test drive

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Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
As per the title.

It is the first time I've been caught speeding but due to the circumstance I though I'd seek some advice from the members of PH...

Two weeks ago I went to test drive an A45 AMG, yes it is a nippy little car and at times you could quite easily slip above 30. The notice advises the offence was on Gatwick road, 42 in a 30 which is the road running past the dealership.

The sales man drove the car to start with, spanked it from the get go around the area until I got in the car. I started of with ease while getting used to a car I'm not familiar with so unlikely it was me speeding when leaving the dealer, then the route was A23, M23 and back.

There is a chance it could have been me when returning to the dealer but I'm thinking again unlikely as it's just off a round about and the camera was down the other end of the road (and i was aware it was there anyway).

So, bottom line is, it could have been either of us.

Any one been in a similar situation? As they can't prove who it was is it likely to be dismissed?

Next step is to just call the police tomorrow and explain the above?

MitchT

15,867 posts

209 months

Tuesday 10th March 2015
quotequote all
I believe the owner or registered keeper of a vehicle has to declare who's driving if it's clocked breaking the limit. I guess it'll all depend whether the salesman's memory works in his favour or yours.

SteBrown91

2,385 posts

129 months

Tuesday 10th March 2015
quotequote all
The outcome will come down to how badly the salesman wants you to buy the car!

markmullen

15,877 posts

234 months

Tuesday 10th March 2015
quotequote all
SteBrown91 said:
The outcome will come down to how badly the salesman wants you to buy the car!
It won't. I've cars up to a million quid in the showroom and I wouldn't take someone else's points to sell one of them, never mind a hot hatch.

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
MitchT said:
I believe the owner or registered keeper of a vehicle has to declare who's driving if it's clocked breaking the limit. I guess it'll all depend whether the salesman's memory works in his favour or yours.
Well its a demo car so registered to the dealer. They would have received the notice first and automatically just forward it on. But it could have been either of us.

Salesman will automatically deny but I'm not just going to accept when there is a very good chance it was him

oldcynic

2,166 posts

161 months

Tuesday 10th March 2015
quotequote all
Are you able to access the photo? Clarify direction of travel? Pin time of alleged offence to anything else which may narrow down liability? (You signed papers accepting liability at 10:00am and offence was at 10:03 perhaps?, or the 10:00am news was on Radio 2 when you set out?)

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
No pic has been provided with the paperwork, i recall where the van was though and a mate who worked for BMW nearby said its there every 2/3 weeks, from where its located the picture will be of the rear of the car (if there even is a pic..).

I signed the test drive paperwork, then he had a nose at my car, he wanted me to take him in it (which i did), then we came back, jumped in the merc and he drove for some time.

So there is a good chance the time i signed the paperwork is a fair bit before the camera caught us

KFC

3,687 posts

130 months

Tuesday 10th March 2015
quotequote all
Stevoox said:
Salesman will automatically deny but I'm not just going to accept when there is a very good chance it was him
Surely he's already denied it?

If he wasn't denying it, how did you end up receiving the paperwork? He's named you as the driver.

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
KFC said:
Surely he's already denied it?

If he wasn't denying it, how did you end up receiving the paperwork? He's named you as the driver.
Which is what i said? He will automatically just deny, hence it has now ended up with me.

But as there is a good chance it was him driving I'm not just going to hold my hands up and take the consequence

agtlaw

6,712 posts

206 months

Tuesday 10th March 2015
quotequote all
Stevoox said:
Well its a demo car so registered to the dealer. They would have received the notice first and automatically just forward it on. But it could have been either of us.

Salesman will automatically deny but I'm not just going to accept when there is a very good chance it was him
What do you mean by "just forward it on" - is your name and address on the notice/form?


KFC

3,687 posts

130 months

Tuesday 10th March 2015
quotequote all
Stevoox said:
Which is what i said? He will automatically just deny, hence it has now ended up with me.

But as there is a good chance it was him driving I'm not just going to hold my hands up and take the consequence
You've already went on record as not knowing if you were driving or not.

He's went on record as saying you were.

This may not have a good ending for you.

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
KFC said:
You've already went on record as not knowing if you were driving or not.

He's went on record as saying you were.

This may not have a good ending for you.
I've not go on a record of anything yet as it will be tomorrow when i take it up with the police who have issued it. So i could also flat out refuse i was driving or advise them it can be either of us - prove which.

Otherwise with insufficient evidence drop the case

KFC

3,687 posts

130 months

Tuesday 10th March 2015
quotequote all
Stevoox said:
I've not go on a record of anything yet
Do you mean apart from a forum post on the internet? Unless of course you're willing to perjure yourself.

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
agtlaw said:
What do you mean by "just forward it on" - is your name and address on the notice/form?
Sorry, just mean they will receive, deny and so have it then resent to me. The letter is addressed to me (with name and address) as registered keep of the car (which I'm not). I could upload a picture of the letter if its any help

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
KFC said:
Do you mean apart from a forum post on the internet? Unless of course you're willing to perjure yourself.
yes..but I'm not going to email the link am i.... Even if i did, they would see that there is clearly no proof as to who was driving. My argument being it was likely to be him as i already knew the camera van was there...

KFC

3,687 posts

130 months

Tuesday 10th March 2015
quotequote all
Stevoox said:
yes..but I'm not going to email the link am i.... Even if i did, they would see that there is clearly no proof as to who was driving. My argument being it was likely to be him as i already knew the camera van was there...
People have been done for perverting the course of justice before from stuff they've posted online.

You've already said what car you were driving, when you were driving it... your name is even in your profile laugh You've also said you've no idea if you were driving or not - do you not see how this potentially ends badly for you if you change your mind and say you know the salesman was driving?

vanordinaire

3,701 posts

162 months

Tuesday 10th March 2015
quotequote all
If you're reasonably confident it wasn't you then just deny that you were the driver. The onus of proof is on the prosecution and it looks like the only evidence that you were the driver is the saleman's word and that isn't impartial as he is a suspect too.

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
KFC said:
People have been done for perverting the course of justice before from stuff they've posted online.

You've already said what car you were driving, when you were driving it... your name is even in your profile laugh You've also said you've no idea if you were driving or not - do you not see how this potentially ends badly for you if you change your mind and say you know the salesman was driving?
The salesman was driving in that area...that's my point!

KFC

3,687 posts

130 months

Tuesday 10th March 2015
quotequote all
Stevoox said:
There is a chance it could have been me when returning to the dealer but I'm thinking again unlikely
Stevoox said:
So i could also flat out refuse i was driving
I think the latter was an option for you.... right up till you posted on the internet about it.

Stevoox

Original Poster:

367 posts

130 months

Tuesday 10th March 2015
quotequote all
KFC said:
I think the latter was an option for you.... right up till you posted on the internet about it.
Despite there being the edit and delete options...