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Legal buffs, bit of help

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Old 08-08-2005, 09:05 AM
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jasonp
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Default Legal buffs, bit of help

got a speeding thing through this morning for "my" car, but its actually registared to my company so any of the 22 guys working here could drive it 38mph in a 30

Can i write back and say i dont know who was driving it at the time...?? or should i be honest
Old 08-08-2005, 09:07 AM
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You can try, but then the keeper of the car potentially ends up with points on their license for failure to disclose the driver.

That carries up to 6 points.
Old 08-08-2005, 09:08 AM
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jasonp
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It registared to my company, how would they do that....?? No actually name on the log book
Old 08-08-2005, 10:10 AM
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Billabong
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The company secretary, or another company official WILL get the points in that case. A company has a duty to know who is driving what and when......
Old 08-08-2005, 10:18 AM
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Yep, there will be someone within the company who is responsible for knowing who was driving the cars.
Old 08-08-2005, 10:28 AM
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Dan_L
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This happened to a friend of mine but with a car that all his family use. He was the registered keeper and got the letter through and he replied saying as there is lots of members of the family that use the car it wasn’t possible to determine who it was driving and just cause he was the registered keeper did not mean he was driving and deserved the points etc. After a few letters back and fourth they wrote back saying they won't be perusing the matter on this occasion.
Old 08-08-2005, 10:39 AM
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Mike Rainbird
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Jason,
No you cannot say you don't know who was driving the car at the time, you HAVE to provide name(s). The way to do it is to first ask for photographic evidence (which you are entitled to). If upon receiving this you are unable to clearly identyfy the driver, then you STILL have to provide a potential name, so look back at your time sheets to see who was working on that day and then provide them with a copy of this info, saying that it could have been any of these people, but as you do not keep a log of drivers (which you are not legally obliged to), you're not sure who it was, as all of them (are naturally) denying it was them. Then point out that this has highlighted a flaw in your system and advice them that you will be establishing a new company policy that will ensure that a log will be filled so this doesn't happen again.

As it is such a small speed, it would be pointless them pursuing it through the courts.
Old 08-08-2005, 10:39 AM
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Phil
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jasonp, now you have mentioned it on a forum your best bet is to be honest or get the post deleted As some guy recently got done for perverting the course of justice after posting about his wife taking scamera points for him on a forum!
Old 08-08-2005, 10:54 AM
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Joris_FRST
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I think in belgium you must keep logs of who's driving a company car and when.

Is cool if you don't have to in the uk, opens a lot of perspective's, company porsche, company skyline, company cosworth
Old 08-08-2005, 01:59 PM
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jasonp
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cheers for replys, just gonna take the points cant be arsed with the hassle. Got a fookin Ł30 fine this morning aswell for no seat belt told the 18yr old twat he should be out catching bombers not worrying about my lazyness
Old 08-08-2005, 02:02 PM
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Dragon
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JP - I had a simular case to this sometime back with my company....I've PM'd you how to act on it
Old 08-08-2005, 02:05 PM
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Neil S
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Jason, get yourself to www.pepipoo.com before you do ANYTHING - there are some real experts on there

Neil.
Old 08-08-2005, 02:07 PM
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jasonp
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cheers not had any points for 5 yrs
Old 08-08-2005, 04:54 PM
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BigNige
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drives like a poof thats why
Old 08-08-2005, 05:46 PM
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jason PM diamonds too, hes gota good idea about it
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