Caught speeding a hire vehicle with 2 drivers

Caught speeding a hire vehicle with 2 drivers

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Discussion

cmaguire

3,589 posts

109 months

Thursday 27th April 2017
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Hammy98 said:
To avoid hassle, why doesnt the person who currently has the least points say they were driving. The person who wasn't driving pays the fine, hopefully this would negate the increase in insurance and saves any further hassle should the courts decide to pursue it or you both start pointing fingers at eachother.
To plead guilty to an offence that you may not have committed in order solely to expedite the process of the Law makes an absolute mockery of the concept of Justice.
Although strangely the Law and Justice appear to have become very uneasy bedfellows where traffic law is concerned, whereas the process appears all consuming.

Mammasaid

3,830 posts

97 months

Thursday 27th April 2017
quotequote all
Hammy98 said:
To avoid hassle, why doesnt the person who currently has the least points say they were driving. The person who wasn't driving pays the fine, hopefully this would negate the increase in insurance and saves any further hassle should the courts decide to pursue it or you both start pointing fingers at eachother.
I give you Chris Hulme.....

http://www.telegraph.co.uk/news/uknews/crime/11386...

TooMany2cvs

29,008 posts

126 months

Thursday 27th April 2017
quotequote all
Mammasaid said:
Hammy98 said:
To avoid hassle, why doesnt the person who currently has the least points say they were driving. The person who wasn't driving pays the fine, hopefully this would negate the increase in insurance and saves any further hassle should the courts decide to pursue it or you both start pointing fingers at eachother.
I give you Chris Hulme.....

http://www.telegraph.co.uk/news/uknews/crime/11386...
Huhne, even.

But, tbf, he was caught out because his missus wasn't in the car, and couldn't possibly have been in the car at that place at that time since she was publicly documented as being elsewhere.

Boosted LS1

21,184 posts

260 months

Thursday 27th April 2017
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cmaguire said:
The way most of those on here carry on you'd think they actually want to be punished.
I would make it as difficult as possible for them. Tell them you don't know who was driving as it is the truth (supposedly).
And then wait.
Utterly trivial offence. Let them work for it.
This is my take as well. Nominate your mate and then when he gets the paperwork he can nominate you. After fecking them about for 6 months it'll time out anyway.

No need to roll over, both be seen to make all efforts to identify the driver and keep records. Also, take a couple of weeks to reply to any ordinary letters they send you ;-) Ask them if they have pics of the driver as that would be really helpful, lol.

BertBert

19,034 posts

211 months

Thursday 27th April 2017
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I'm wondering how this helps?

aw51 121565 said:
You need to check things like documents that were written on (say) a laptop, and emails and texts (if you sent texts or emails or were writing something in "word" or "excel" on a laptop at the relevant time then you [hopefully] weren't driving); your colleague needs to do the same. Ditto records of calls made, though "hands free" might make this useless - perhaps speak to the people you spoke to on the relevant journey and ask if they can help suggest who was driving? Check diary entries? Fuel receipts and bank statements (did the driver or the passenger buy fuel or munchies for you both on the relevant journey?). It's called "due diligence" and the bar is set very high for people to be found not guilty of failing to furnish driver details in court (otherwise we'd all get away with it, which can't be allowed to happen pour encourager les autres).

3 weeks ago, in the great scheme of things, is not such a long time period that people won't be able to recall even mere snippets of the day with help from diaries, bank statements and phone/laptop records etc.

Boosted LS1

21,184 posts

260 months

Thursday 27th April 2017
quotequote all
BertBert said:
I'm wondering how this helps?

aw51 121565 said:
You need to check things like documents that were written on (say) a laptop, and emails and texts (if you sent texts or emails or were writing something in "word" or "excel" on a laptop at the relevant time then you [hopefully] weren't driving); your colleague needs to do the same. Ditto records of calls made, though "hands free" might make this useless - perhaps speak to the people you spoke to on the relevant journey and ask if they can help suggest who was driving? Check diary entries? Fuel receipts and bank statements (did the driver or the passenger buy fuel or munchies for you both on the relevant journey?). It's called "due diligence" and the bar is set very high for people to be found not guilty of failing to furnish driver details in court (otherwise we'd all get away with it, which can't be allowed to happen pour encourager les autres).

3 weeks ago, in the great scheme of things, is not such a long time period that people won't be able to recall even mere snippets of the day with help from diaries, bank statements and phone/laptop records etc.
It's building up a evidence of due diligence and hopefully a file as big as the prosecution's. You have to show that you've done everything possible to establish the identity of the driver. You could even record that you asked your Nan and your mates Nan if you like.

wc98

10,391 posts

140 months

Thursday 27th April 2017
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p1stonhead said:
13mph is a fair way over the speed limit isnt it?

Edited by p1stonhead on Thursday 27th April 13:44
for a motoring enthusiast that likes a spirited drive/ride now and again ? no .
nsl ,not twenty or thirty limits.

nonsequitur

20,083 posts

116 months

Thursday 27th April 2017
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CasuallyDressed said:
So I've just been told that a vehicle that I was in got caught speeding (73 in a 60). Problems being that it was a hired vehicle (which I didn't hire) and there was 2 of us in it, of which we don't know who was driving.

We split the journey, half each both ways. We got flashed on the first half on the return journey, but it was 3 weeks ago and we can't remember who was driving.

There is no photo of the driver, only the rear plate.

How do we proceed? Obviously I don't wanna just throw my hands up and take the heat, and I would assume the other guy doesn't either. It was (in my opinion) a long time ago and an inane detail to just remember.
Not naming a driver costs you six points and a large fine.

bramley

1,670 posts

208 months

Thursday 27th April 2017
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OP maybe get your GP to submit something to account for your hopeless memory, or at least your itchy chin.

CasuallyDressed

Original Poster:

73 posts

134 months

Thursday 27th April 2017
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So. After going through my text messages there is a very distinct 3hr gap (6hr journey) between 10am and 1pm, which would imply that I was indeed the driver for the first leg. I have held my hands up and told the other guy and he's chuffed.

End of that then!

bramley

1,670 posts

208 months

Thursday 27th April 2017
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Wow, go you.

FFS!

bad company

18,556 posts

266 months

Thursday 27th April 2017
quotequote all
nonsequitur said:
CasuallyDressed said:
So I've just been told that a vehicle that I was in got caught speeding (73 in a 60). Problems being that it was a hired vehicle (which I didn't hire) and there was 2 of us in it, of which we don't know who was driving.

We split the journey, half each both ways. We got flashed on the first half on the return journey, but it was 3 weeks ago and we can't remember who was driving.

There is no photo of the driver, only the rear plate.

How do we proceed? Obviously I don't wanna just throw my hands up and take the heat, and I would assume the other guy doesn't either. It was (in my opinion) a long time ago and an inane detail to just remember.
Not naming a driver costs you six points and a large fine.
Refusing to name the driver gets you 6 points and a large fine BUT if the op honestly doesn't know who was driving that's what he should say. Putting his hand up for something he didn't do could be perjury which is a very serious offence.

I would say that honesty is the best way to proceed.

lucido grigio

44,044 posts

163 months

Thursday 27th April 2017
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bramley said:
Wow, go you.

FFS!
A thread on PH is always the first thing to do ,not actually thinking it through properly.

biggrin

CasuallyDressed

Original Poster:

73 posts

134 months

Thursday 27th April 2017
quotequote all
lucido grigio said:
A thread on PH is always the first thing to do ,not actually thinking it through properly.

biggrin
Hey, gave you lot something to argue about for a few hours.

BertBert

19,034 posts

211 months

Thursday 27th April 2017
quotequote all
It's interesting, but as he is not the RK, there is no requirement to do any DD. The requirement is to say what you know.
The question is how do you prove you don't know. More importantly, how does the prosecution prove that you do know?
Bert
Boosted LS1 said:
It's building up a evidence of due diligence and hopefully a file as big as the prosecution's. You have to show that you've done everything possible to establish the identity of the driver. You could even record that you asked your Nan and your mates Nan if you like.

anonymous-user

54 months

Thursday 27th April 2017
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CasuallyDressed said:
I'm not trying to wriggle out of anything. If I can't remember (which I can't. And yes it is an inane detail, and to suggest that "it's no linger inane is it?" is a bit foolish considering hindsight is 20/20) then I don't see how they can move forward.
It's definitely not an inane detail.

Hugo a Gogo

23,378 posts

233 months

Friday 28th April 2017
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esxste said:
Hugo a Gogo said:
so if two people did actually both argue it was the other driving, who do you charge? they can't both be guilty
I'd imagine it will be the Primary named driver of the hire car would be charged for failing to furnish details.
but he has?

daveinhampshire

531 posts

126 months

Friday 28th April 2017
quotequote all
BertBert said:
It's interesting, but as he is not the RK, there is no requirement to do any DD. The requirement is to say what you know.
The question is how do you prove you don't know. More importantly, how does the prosecution prove that you do know?
Bert
Boosted LS1 said:
It's building up a evidence of due diligence and hopefully a file as big as the prosecution's. You have to show that you've done everything possible to establish the identity of the driver. You could even record that you asked your Nan and your mates Nan if you like.
In a case like this you'll both get points for failing to name the driver, the courts aren't going to have a full trial to find out.

bad company

18,556 posts

266 months

Friday 28th April 2017
quotequote all
daveinhampshire said:
In a case like this you'll both get points for failing to name the driver, the courts aren't going to have a full trial to find out.
Do you have examples / evidence of this happening?

The Mad Monk

10,474 posts

117 months

Friday 28th April 2017
quotequote all
daveinhampshire said:
BertBert said:
It's interesting, but as he is not the RK, there is no requirement to do any DD. The requirement is to say what you know.
The question is how do you prove you don't know. More importantly, how does the prosecution prove that you do know?
Bert
Boosted LS1 said:
It's building up a evidence of due diligence and hopefully a file as big as the prosecution's. You have to show that you've done everything possible to establish the identity of the driver. You could even record that you asked your Nan and your mates Nan if you like.
In a case like this you'll both get points for failing to name the driver, the courts aren't going to have a full trial to find out.
Haven't you been paying attention. He has coughed.

The Casually Dressed geezer wrote at 19.19 on Thursday (yesterday), and I quote:-

"So. After going through my text messages there is a very distinct 3hr gap (6hr journey) between 10am and 1pm, which would imply that I was indeed the driver for the first leg. I have held my hands up and told the other guy and he's chuffed.

End of that then!"

There you go. It's the bloke in the jeans and T shirt.

Another job jobbed.