procedure for fixed penalty

[Grosv]

Hi Guys and Gals - i am a newbie here but it seems a great site.
I was hoping that some of you might be able to give me some advice/information.
A friend was using my Lexus SC430 recently and was snapped by a Truvelo camera doing 36 in a 30 zone.
I have received a notice of intended prosecution and am about to return it with his details but, having read some of the previous posts here I think i may have a problem.
My friend apparently does not have insurance (he did have till recently but he let it lapse because his car is off the road). I was under the impression that he was covered by my own, which appears not to be the case. This would seem to leave us BOTH potentially liable to prosecution. Him for not having insurance and me for permitting him to drive!
I could avoid all of this simply be 'fessing up myself and paying the fine. My question is how rigorous are they if I do the right thing and give my mates particulars - How likely is it that they will request his insurance particulars?
Does it make any difference that I have 9 points on my licence? (his is clean)
of course truvelo cameras take a photo from the front of the car and therefore presumably the driver can be identified. How far do they go in checking if I just cough up?
I fully appreciate that to give false information is a more serious offence but i am just interested in your thoughts

[splatspeed]

he gets 3 points speeding 6 -9 for no insurance

he did this

if he told you he was insured i asume

you have two options either he was allowed to drive if he was insured, in which case you have to say he did have concent

if he didn't have concent he is up for twocing taking car without concent major no no

if he did then you are up for aiding and abetting the driving without insurance

you may get a caution being a girly likely or 0 - 2 points and a fine

it depends really on if he admits he lead you to beleive he was insured

but if you finger him i think he will get a producer for his docs

plus lying is perjory / perverting course of justice yadda yadda yadda

not really best to discuss on a forum watched by dibbles

anyway lawyer advice may be needed

moral of the story dont lend him you car

at university went to court for this one friend assured me he was insured on his bike lisence

he was going down the road with full beam on and two 100W rally giants on and a police car comming the other way thought the martions had landed anyway they wern't happy, tried to throught the book at him, he got a laywer admitted he had assured me he was insured and i was let off as there was no intent to commit an offence as i had asked him

1 he was insured and

2 to check he was with his insurence company

stupid insurance company gave him a bike insurance with any other motor vehicle lent to him he claimed

never seen that before

Edited by splatspeed on Tuesday 6th June 12:38

[Touching Cloth]

Just be honest and put his details down, no point in adding perverting the course of justice to the potential problems. However I would say it is extremley unlikely they will do anything other than simply pop out a SP30, 3 points and a fine. Never once been asked for docs before, neither has my wife and between us we have accrued a number of points over the years. Deal with the insurance problem as and when it becomes an issue, don't take unneccesary risks now to avert something that may come to nothing.


Edited to add: Truvelo's face forward don't they? Reeeeeaally not worth the risk of trying to put down anyone other than the person driving if that is the case.

Edited by Touching Cloth on Tuesday 6th June 12:37

[Dwight Vandriver]

If the friend was using the vehicle for his own purposes and under no direction from you then you cannot be done for using/causing but could for permitting.

In the case Newbury v Davis [1974] it was held that a person who allows another to use his vehicle on the EXPRESS CONDITION that the other insures it first cannot be convicted or permitting.

Get the drift if the wheel does come off????????????????????

I am not aware that at Conditional Offer (Pay 60 collect 3points) stage which will come when you sign friend as driver and he responds likewise that SCP go into vehicle documention other that Driving Licence. However I would not take that as gospel because they now have the ability to check on line through Plod the Insurance MIB/Test certifcate Vosa data bases.

Serving Bib/VH may confirm or not.

Playing jiggery/pokery with the true can have disastrous consequences.

dvd

dvd

[7db]

Agreed. Don't lie. Put his name down. Unlikely to be nsurance checked. Even less likely to have a permitting charge if they get him for driving with no insurance.

[shuvitupya]

7db said:

Agreed. Don't lie. Put his name down. Unlikely to be nsurance checked. Even less likely to have a permitting charge if they get him for driving with no insurance.

They just want the money, and do not normally ask for insurance proof, so just name the driver, and not your problem anymore.

[rodney59]

Agreed they just want the money. A friend I know, had his license in his old address when he got 3pts and £60. Another guy I know claimed his wife was driving (she died a week before the offence!) Still only got 3pts (on her license!).

[over_the_hill]

.. and with 9 points on your own license another 3 from this will probably
equal a ban. Do you want to cope with the fall out from that ?

[deva link]

Because you're on 9 points you don't really have the option of taking the speeding hit yourself. You certainly can't go down the fixed penalty route, you have to go to court.

So you need to put your friends details down. However, there's a really really small chance that someone might for some reason suspect that you're trying it on, especially if it becomes known that you are on 9 points.

Unless there's something odd - like you're a woman (you've already said your friend is male) then it should just sail through.