speeding hire cars advice
Discussion
I was talking to a mate in the canteen at work whos been living in Spain for the last 4 years ,
still has a uk license ,
he raised an interesting issue he went back recently to visit his brother ( whoum he has not been in touch with for a couple of years family tiff )
after resolving thier differences
his brother told him 2 years ago plod called with a NIP for a hire car involved in a speeding offence that was hired to him . his brother told them truthfully that he had moved overseas and was not in contact with him
what happens now ? he cannot remember traffic violation as its so long ago
is this on record
or if he gets stopped in uk again does he have to prove his innosence ?
DBSV8 said:
I was talking to a mate in the canteen at work whos been living in Spain for the last 4 years ,
still has a uk license ,
he raised an interesting issue he went back recently to visit his brother ( whoum he has not been in touch with for a couple of years family tiff )
after resolving thier differences
his brother told him 2 years ago plod called with a NIP for a hire car involved in a speeding offence that was hired to him . his brother told them truthfully that he had moved overseas and was not in contact with him
what happens now ? he cannot remember traffic violation as its so long ago
is this on record
or if he gets stopped in uk again does he have to prove his innosence ?
If they believed he was abroad, they may have just dropped it.
Alternatively, they may have tried and convicted him in his absence for failure to supply driver details - 3 points and a 250-350 pound fine which would still be outstanding. I suspect there would be very strong grounds on which to appeal any such decision..
A quick call to the DVLA to determine whether any points have been added to his licence may be order.
pwig said:
LicenCe
Cheers pwiggy...Apparently, I goofed that one...
pwig said:
Apparentally...
www.pistonheads.com/gassing/topic.
But them wot lives in glass houses....
SS2. said:
[quote=DBSV8]
If they believed he was abroad, they may have just dropped it.
Alternatively, they may have tried and convicted him in his absence for failure to supply driver details - 3 points and a 250-350 pound fine which would still be outstanding. I suspect there would be very strong grounds on which to appeal any such decision..
Is this possible, ?
There is no paperwork to substantiate this ie no summons issued to the brothers address ?
unless the brother is telling porkies !!
surely the original NIP would go to Hire firm ..who would issue licence details etc.of the driver ??
>> Edited by DBSV8 on Sunday 19th February 08:06
Knotter pozzzzzible senor....
Record of Hire Company will show to whom the vehicle was allocated NOT who was the driver at the time of of the speeding offence. Whilst SCP can try serve 172 on hirer to give information as to driver, he has floated away beyond their reach as no provision as yet for servive of summons in Spain and extradition does not kick in as minor summary offence.
Now if it was a Parking contravention Hire Company would take the hit of the PCN and then using the credit card details supplied invoice the hirer or if Rental Company informed LA who vehicle hired to then outstanding penalty registerd as a debt and if known driver in Spain, debt passed to European Debt Collection Agency for action in Espana........(see how they are going???)
dvd
Record of Hire Company will show to whom the vehicle was allocated NOT who was the driver at the time of of the speeding offence. Whilst SCP can try serve 172 on hirer to give information as to driver, he has floated away beyond their reach as no provision as yet for servive of summons in Spain and extradition does not kick in as minor summary offence.
Now if it was a Parking contravention Hire Company would take the hit of the PCN and then using the credit card details supplied invoice the hirer or if Rental Company informed LA who vehicle hired to then outstanding penalty registerd as a debt and if known driver in Spain, debt passed to European Debt Collection Agency for action in Espana........(see how they are going???)
dvd
Dwight VanDriver said:
Knotter pozzzzzible senor....
IMO, the whole issue depends on whether Plod believed the alleged offender was out of the country..
Hypothetically, lets says 'Joe Smith' hires vehicle AB52 ABC from Acme Car Rentals..
Joe has his license verified by Acme, opts for the CDW and signs an agreement saying he will be the only driver - is this not normal for hire companies ??
Two days later, AB52 ABC is zapped going through a Gatso.
Plod issue NIP and S172 to Acme, being the RK.
Acme check records, see that Joe Smith was the hirer at the time of the alleged offence and return S172 to Plod nominating Joe.
Joe then gets a personalised NIP / S172 delivered to the address he registered with Acme. The S172 is entirely justified since Joe was the last known 'Person Keeping the Vehicle'. Whether or not he was driving at the time is irrelevant, IMHO, the S172 still requires a response from Joe.
Plod get no response to Joe's S172 request because he is now sunning himself in Spain...
Plod then has two choices:
1) they believe Joe is in Spain (this confirmed by visiting brother's address when attempting to serve a verbal NIP) and drop the matter...
2) they do not believe Joe is abroad and instigate proceedings against Joe for failure to furnish driver details...
I am always wary of replying to posts where vital information may have been omitted / overlooked / not considered important, knowingly or otherwise...For instance, a summons may have been served and not received, binned, sent to another address etc etc. Example - why did Plod turn up to verbally NIP Joe yet the OP does not state that a paper NIP was ever delivered ? Was the address Joe gave to Acme different to that visited by the Plod ? Was a summons delivered to this address ?
I still reckon its most likely the matter has been dropped but, if in doubt, the best option to confirm exactly what has happened remains a call to the DVLA to confirm endorsement status...
>> Edited by SS2. on Sunday 19th February 18:51
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