Discussion
My sons a taxi driver, he uses a car belonging to a base, till recent he was being chopped and swapped from car to car, 2/3 times a shift due to problems and breakdowns, etc
today a NIP arrived for an offence dated march 5th, given the date/time/location hes sure he wouldnt have been where the NIP says he was (with help from the base)
work is despatched through a computerised despatch system, he is asking for a printout, the time was almost midnight and the camera wouldnt have captured his image, the base cars would have "any driver" insurance on all cars.
it seems to have taken a long time for him to end up with the NIP, i think his name was pulled out of a hat...
any thoughts?
today a NIP arrived for an offence dated march 5th, given the date/time/location hes sure he wouldnt have been where the NIP says he was (with help from the base)
work is despatched through a computerised despatch system, he is asking for a printout, the time was almost midnight and the camera wouldnt have captured his image, the base cars would have "any driver" insurance on all cars.
it seems to have taken a long time for him to end up with the NIP, i think his name was pulled out of a hat...
any thoughts?
Upatdawn said:
given the company i doubt who was driving what was changed every time a driver hotswapped cars, i think the situation might be of benefit to some, if you follow
he has checked his debit card details and knows he was 15 miles away buying a madras before midnight...
The way I see it...he has checked his debit card details and knows he was 15 miles away buying a madras before midnight...
A company that has shared cars must have procedures to ensure they know exactly who has each car and when or the ''director'' is liable if they cannot identify someone.
In your son's case it sounds like the taxi firm have a procedure of a picture taken with the handover of keys etc... The company policy thinks a picture is necessary given the turn over of drivers so if they cant produce this then they haven't followed their procedure for keeping track of who has their car.... ''Director'' on the hook.
I have no legal qualifications though.
Is 'the base' a company or a private individual ?
Note that there is no statutory requirement for a company to keep a log of drivers.
A company that failed to keep a log and which couldn't confirm who was driving one of its vehicles at a particular time and place would be barred from relying on a defence of 'reasonable diligence' unless they could demonstrate that it was reasonable not to keep such a log.
If a company was convicted of failing to provide driver details, it would be liable to a [hefty] fine.
For an individual within that company to be similarly prosecuted, it would need to be demonstrated that the failure to provide was committed with the consent, connivance or negligence on the part of that individual. If the individual was convicted, they too would be fined but no penalty points would be imposed.
OP - your son should respond within the permitted 28 days, stating that he wasn't driving that vehicle at that time and place (if that's the case), and provide any further information that is in his power to give and which may lead to identification of the driver. If he has evidence that he was elsewhere at the time of the alleged offence, he could include that for completeness.
I suspect the matter will then revert back to the taxi company who may well be asked to do a bit more digging into who was driving.
Note that there is no statutory requirement for a company to keep a log of drivers.
A company that failed to keep a log and which couldn't confirm who was driving one of its vehicles at a particular time and place would be barred from relying on a defence of 'reasonable diligence' unless they could demonstrate that it was reasonable not to keep such a log.
If a company was convicted of failing to provide driver details, it would be liable to a [hefty] fine.
For an individual within that company to be similarly prosecuted, it would need to be demonstrated that the failure to provide was committed with the consent, connivance or negligence on the part of that individual. If the individual was convicted, they too would be fined but no penalty points would be imposed.
OP - your son should respond within the permitted 28 days, stating that he wasn't driving that vehicle at that time and place (if that's the case), and provide any further information that is in his power to give and which may lead to identification of the driver. If he has evidence that he was elsewhere at the time of the alleged offence, he could include that for completeness.
I suspect the matter will then revert back to the taxi company who may well be asked to do a bit more digging into who was driving.
Edited by SS2. on Thursday 14th April 21:29
Does your son have to keep records for his own affairs, eg Tax return etc? Ie hours worked, fares received? Is it hourly pay or % takings? Is he employed of self employed?
If he thinks it wasn't him, is that cos he thinks he was on another job or in another car?
Does his phone have any tracking info on it, some cabbies use the nav on phones?
As someone else says, he needs to reply to the NIP, but if it wasn't him, he needs to say that. Would do no harm to request the photo, it may show something.
If he thinks it wasn't him, is that cos he thinks he was on another job or in another car?
Does his phone have any tracking info on it, some cabbies use the nav on phones?
As someone else says, he needs to reply to the NIP, but if it wasn't him, he needs to say that. Would do no harm to request the photo, it may show something.
Upatdawn said:
My sons a taxi driver, he uses a car belonging to a base, till recent he was being chopped and swapped from car to car, 2/3 times a shift due to problems and breakdowns, etc
today a NIP arrived for an offence dated march 5th, given the date/time/location hes sure he wouldnt have been where the NIP says he was (with help from the base)
work is despatched through a computerised despatch system, he is asking for a printout, the time was almost midnight and the camera wouldnt have captured his image, the base cars would have "any driver" insurance on all cars.
it seems to have taken a long time for him to end up with the NIP, i think his name was pulled out of a hat...
any thoughts?
Back in the day a lot of taxi drivers were called "Aaron" I believe it to be an Elvis Presley thing and although remarkably useless fellows for anything constructive they could get you home at a push. today a NIP arrived for an offence dated march 5th, given the date/time/location hes sure he wouldnt have been where the NIP says he was (with help from the base)
work is despatched through a computerised despatch system, he is asking for a printout, the time was almost midnight and the camera wouldnt have captured his image, the base cars would have "any driver" insurance on all cars.
it seems to have taken a long time for him to end up with the NIP, i think his name was pulled out of a hat...
any thoughts?
speedking31 said:
Black_S3 said:
If they don't have an accurate log to prove he was driving then the director picks up the tab, points and all.
But the company (as far as the company is concerned) does have an accurate log that shows he was driving.ok then............
being 5 weeks ago it was at a time he was getting the crappy cars to use (plus he was last to join the firm) and one thing after another was going wrong with them, ive known him change cars 4 times in a shift, never signing for the keys
its a steep hill and 71mph average (not spot) would be enthusiastic to say the least, its the A38 between the A5 and A453 (sutton coldfield), its a camera "average speed" that has collected £1,500,000
he BELIEVES he wasnt in the guilty car....but can he say he WASNT for sure?
http://www.birminghammail.co.uk/news/local-news/on...
being 5 weeks ago it was at a time he was getting the crappy cars to use (plus he was last to join the firm) and one thing after another was going wrong with them, ive known him change cars 4 times in a shift, never signing for the keys
its a steep hill and 71mph average (not spot) would be enthusiastic to say the least, its the A38 between the A5 and A453 (sutton coldfield), its a camera "average speed" that has collected £1,500,000
he BELIEVES he wasnt in the guilty car....but can he say he WASNT for sure?
http://www.birminghammail.co.uk/news/local-news/on...
OP, a private hire operator is required - as part of the conditions attached to their operator's licence - to keep records relating to all vehicles and drivers and all bookings taken.
Operators records must show who was booked into every vehicle and at what time on every day. Booking records must show a number of details, including the time the booking was made, what time the customer was picked up, the destination and the time they were dropped off.
Private hire operators records should be extremely detailed and shouldn't leave any doubt as to who was driving what vehicle, where and when.
Tell him to request a full list of his bookings for that day, covering the time before and after the time of the offence.
Their records should easily either confirm he was the driver or prove his innocence.
Operators records must show who was booked into every vehicle and at what time on every day. Booking records must show a number of details, including the time the booking was made, what time the customer was picked up, the destination and the time they were dropped off.
Private hire operators records should be extremely detailed and shouldn't leave any doubt as to who was driving what vehicle, where and when.
Tell him to request a full list of his bookings for that day, covering the time before and after the time of the offence.
Their records should easily either confirm he was the driver or prove his innocence.
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