I Didn't Fight the Law...
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Discussion

Glassman

Original Poster:

25,086 posts

246 months

Wednesday 30th January 2008
quotequote all
...and the law didn't win.

Alleged offence: 36 in a 30.

The material facts were, we, 'the company' could not ascertain who the driver was at the time of the alleged offence; we tried to establish who the driver was, but there was no way of telling on that particular day. We provided the police with this information.

Received a letter today informing us that no further action will be taken and that "the most appropriate course of action," after "careful consideration of the evidence and surrounding circumstances," is to issue us with a written warning.

They end the letter by pointing out, "any further instances of a similar nature will not be treated so leniently and are likely to result in court proceedings."

I'd say that's fairy muff.


splitter / judas

4,330 posts

240 months

Wednesday 30th January 2008
quotequote all
thumbup

r129sl

9,518 posts

234 months

Wednesday 30th January 2008
quotequote all
My experience is similar. But try it a second or third time and there will be a prosecution. There was in the company I used to work for. That's just sensible policing, isn't it?

andmole

1,594 posts

242 months

Wednesday 30th January 2008
quotequote all
Good result, apart from the threat at the end of the letter:

"you've got away with it this time m'lad, but try it again and we'll screw you over big style"

Glassman

Original Poster:

25,086 posts

246 months

Wednesday 30th January 2008
quotequote all
andmole said:
Good result, apart from the threat at the end of the letter:

"you've got away with it this time m'lad, but try it again and we'll screw you over big style"
Yes, I get the same feeling too. But, I'm sure they would have looked into the cost implications of court etc., so if these circumstances were, shall we say, uneconomical, a similar set of circumstances would also be the same, no? Or do they mean, the court would take into consideration?

BertBert

21,344 posts

242 months

Wednesday 30th January 2008
quotequote all
Did you have to deal with the question of whether your company kept a written log of drivers or not? S172 requires it unless it can show it would be unreasonable. Just interested to see what they said to you prior to "no bidding"

Bert

Glassman

Original Poster:

25,086 posts

246 months

Wednesday 30th January 2008
quotequote all
BertBert said:
Did you have to deal with the question of whether your company kept a written log of drivers or not? S172 requires it unless it can show it would be unreasonable. Just interested to see what they said to you prior to "no bidding"

Bert
Was never asked / pointed out.

But then, we did explain to some detail what the circumstances are / were and why it would be difficult to ascertain who the driver was.


EU_Foreigner

2,838 posts

257 months

Wednesday 30th January 2008
quotequote all
oh no, there is a criminal now roaming the streets ... I mean, this is about level with a murderer escaping, right? smile