I Didn't Fight the Law...
Discussion
...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.
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.
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?"you've got away with it this time m'lad, but try it again and we'll screw you over big style"
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.Bert
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.
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