Lamb Souvla

As per the title, a NIP has come through to my work about a speeding offence on the 27th September.
Now every van we have has its own log which is down to the driver to fill in, ie date, mileage, start time etc.
This particular van's log on this day is empty, but all the other drivers have filled in the sheets on the other vans, so this van was spare on this day.
I was at the time transport supervisor so only drove when there was a problem or someone off sick, which there wasnt, I was not on the weekly schedual to drive either, so it would have been a normal day for me mooching around the factory floor doing my non driving duties.
My immediate boss however has taken it upon himself to put my name down for this offence as there is no evidence of me driving any other van.
It wasnt me, and I didnt drive any van that day, there is no paperwork to state otherwise.
Can he actually do this with no supporting evidence?
It was at a time when no other vans would be out on the road in a area we dont cover, so basically someone has borrowed the van for personal use, so I would have absolutely no reason to be in this van at this time in that area.
Im spitting blood at the fact he has done this without telling me I might add.
Can anyone give me any advice or clear up whether he can or cannot do this?

Thanks.

RichieST

iTrader: (2)

If the suspected person has taken the van without owners consent, then can he be done for theft?

Was it a front facing camera? Is there a picture of the drivers face?

Lamb Souvla

Well there is no suspected person, we simply dont know, the fact I'm not down driving anything else is why I have been put forward, even though I was not driving at all that day.
No front facing camera, normal gatso as far as I know.

dojj

iTrader: (3)

when they write to you with the paperwork simply reply with the "there is no proof that i was driving and i have proof that i was in the warehouse at the time of the offence"

are your vans tracked?

i get this quite a but but mainly for parking fines and bus lane violations where i have to sift through the paperwork, sometimes months ago, to find out who was doing what on the day

find out who was in the area that day, don't worry about times etc, just find out who would have been on that road at some point in the day
then you could go back and check the logs etc and work out any anomolies to finger the person who was doing the driving

in our case we have to log on to a mobile data terminal with the vehicle we are driving, which assumes you are inputting the correct reg
then you have to write it on your manifest
and then you have to print out a journey ticket which has the van reg and machine number etc on it
so even if you put the wrong details into the mdt and write the wrong reg on the paperwork, you can't fiddle the machine that prints out which van you've been in
and then it's simply a case of looking through the tracking data to find the cuplrit, we've only got 110 vans so it's fairly easy

the other thing is to look at the mileage discrepancy on the day before and after to see how far it's travelled, look at the fuel receipts etc, but write back and say that you were NOT driving a vehicle that day and provide proof of where you were

Rides

iTrader: (1)

Get some leagal advice and fight it get the proof to prove where you were at the time..seems to me that they guy who's givien your name could have done it him self!!

zetecdan

could it possible that someone has cloned the reg plate??

Eagle

iTrader: (2)

if no name is given its the responsibility of the fleet manager/director to take it ...
so easy to give any name ... if your gonna get shafted ,,,,

turbochild

I got one on a bus the work never mentioned it to be i filled it in i wasn't driving am not the owner of the vehicle and don't know who was i never did hear anything back from it and work still never mentioned it. They only have 6 months to pin it on someone or it gets dropped i was told so the company may pass it about in hope someone sneakly fesses up lol

Lamb Souvla

Im not either of these, I was acting transport supervisor and the actual manager was there.

Big Will_

If there CCTV anywhere that would have captured you? Or any way of proving you were somewhere else at the time?

Lamb Souvla

Thats my problem, I dont think I can prove I was anywhere else, but there is zero proof I was driving it, and other drivers were around at the time, for whatever reason only my name has been put forward.

anodised

they should send you a letter asking if you was driving just say no then its up to them to find out who was driving the van

cjwood555

He's doing it because he thinks he'll get in the poo. Have word (if it's not too late), mentioning that his superiors might not view such conduct as being professional and they probably don't want a case for constructive dismissal etc etc being put to them...

Otherwise, deny it was you and refuse the fixed penatly, go to court and put your case to the magistrate. You'll need to submit evidence to the court using the proper forms in advance. Justice isn't as easy as it should be.....

Dr. Blofeld

Maybe it was his manager driving it on a bit of a personal mission...

NC53

the short answer is that the Magistrates will have to decide who is telling the truth - your boss or you. Given that you we not driving any van that day and there is no documentary evidence that you were, it shouldn't be too difficult to show that he has absolutely no basis for saying it is you.

As someone else said - you'll now get a S172 notice asking you to admit that you were the driver. Simply fill it in to indicate that you were not.

What your boss should have done is say that he does not know who the driver was on that day. There is a defence to a S172 requisition which is that he did not know and could not with reasonable diligence have ascertained who the driver was. As there is a system in place but the records do not show who was driving and presumably he's asked the other drivers who aren't volunteering anything, he would have been able to say he's done as much as he can to find out in the circumstances but has been unable to do so.

rstdave

iTrader: (3)

As above.....that sounds exactly the sort of thing he should have done!
If he's 100% using you as a scapegoat and he really does have no reason to think you were driving he's a total cunt trying to cover his back and brush it under the carpet the easy way by saying it was you!!
I can only assume he's not your biggest fan for whatever reason, he didn't come to you personally and ask you before putting your name down then?

dangerousbrian

happend to one of the lads once at my old job..little bit different in the fact that we had a designated van but he was working in the depot that day and another lad had his van as a one off..evryone was aware of this, but the designated driver and the other lad both denied it..the gaffer vouched for thre designated driver being in the depot but couldnt prove anything about the other lad..in the end the company got a £2500 (iirc) fine..it did cause a bit of shit for the gaffer mind you, who swiftly passed it on. just dont sign the form or better still rip the fucking thing up. be prepared for a bit of greif from the powers that be though