Vehicle reg in company name

[briquette_seller]

Thats where the trouble starts Sky. As we are with the company name being the reg keeper the speeding, jumped lights, bus lane and other camera issued tickets turn up here in the company name not mine. They request drivers details some 6 to 8 weeks after the event which for us is an impossible situation. Even if we knew who took the vehicle out of the gate on the day we could not guarantee one of the other lads has not jumped into it and gone down the road and committed the offense . We request photographic evidence when we send in the forms to assist us in identifying the driver, 99% of the time they send in a shot of the rear of the vehicle which is useless. We inform them in writing this is not adequate and its the last we ever hear of it, if I was the registered keeper personally I know the bun fight would carry on until they could land the fine and points onto me. Hence registered keeper in the trading name, believe me its best.

 

Bob

 

Interesting.

 

I was told, it was an offence to not know who was driving a company vehicle at any given time.

[skyhuck]

Thats where the trouble starts Sky. As we are with the company name being the reg keeper the speeding, jumped lights, bus lane and other camera issued tickets turn up here in the company name not mine. They request drivers details some 6 to 8 weeks after the event which for us is an impossible situation. Even if we knew who took the vehicle out of the gate on the day we could not guarantee one of the other lads has not jumped into it and gone down the road and committed the offense . We request photographic evidence when we send in the forms to assist us in identifying the driver, 99% of the time they send in a shot of the rear of the vehicle which is useless. We inform them in writing this is not adequate and its the last we ever hear of it, if I was the registered keeper personally I know the bun fight would carry on until they could land the fine and points onto me. Hence registered keeper in the trading name, believe me its best.

 

Bob

 

 

6 to 8 weeks!!!?? I don't think you need to worry if they are taking so long, you should simply point out they are far to late. Should take 14 day, can be longer if its not easy for them to establish who is the owner, but no magistrate in the country would consider 6 to 8 weeks a reasonable timescale, IMHO.

[skyhuck]

Interesting.

 

I was told, it was an offence to not know who was driving a company vehicle at any given time.

 

This is also my understanding.

[aspenarb]

Interesting.

 

I was told, it was an offence to not know who was driving a company vehicle at any given time.

 

We have had this argument with them and pointed out that our vehicles are insured and used as pool vehicles for all employees to use at any time, seems to be the end of the argument. We get dozens of these, you cant ignore them so its best to put the ball in their court ,this system of dealing with it is a quick and simple way of ending a complicated issue.

 

Bob

[mendiplogs]

Thats where the trouble starts Sky. As we are with the company name being the reg keeper the speeding, jumped lights, bus lane and other camera issued tickets turn up here in the company name not mine. They request drivers details some 6 to 8 weeks after the event which for us is an impossible situation. Even if we knew who took the vehicle out of the gate on the day we could not guarantee one of the other lads has not jumped into it and gone down the road and committed the offense . We request photographic evidence when we send in the forms to assist us in identifying the driver, 99% of the time they send in a shot of the rear of the vehicle which is useless. We inform them in writing this is not adequate and its the last we ever hear of it, if I was the registered keeper personally I know the bun fight would carry on until they could land the fine and points onto me. Hence registered keeper in the trading name, believe me its best.

 

Bob

 

HI BOB I like that mate ❤️❤️👍

[richy_B]

Vehicles logs to avoid this. Driver, date, time and miles out, time and miles in. The problem will be if the driver/employee at the time denies it is them. You could end up in hot water or at least a load of hassle.

[aspenarb]

Vehicles logs to avoid this. Driver, date, time and miles out, time and miles in. The problem will be if the driver/employee at the time denies it is them. You could end up in hot water or at least a load of hassle.

 

Less hassle to make them prove it Richy than for us to ever find out who was driving. There are no legal requirements for us to log drivers on the smaller vehicles so until we are told different by the powers that be we deal with it in this way.

 

Bob

[richy_B]

Less hassle to make them prove it Richy than for us to ever find out who was driving. There are no legal requirements for us to log drivers on the smaller vehicles so until we are told different by the powers that be we deal with it in this way.

 

Bob

 

Agree, it if a pain on the arse. But if it all goes tits up you don't want to be the one with your name on the ticket! As with most problems, there is rarely a simple solution.

[skyhuck]

Less hassle to make them prove it Richy than for us to ever find out who was driving. There are no legal requirements for us to log drivers on the smaller vehicles so until we are told different by the powers that be we deal with it in this way.

 

Bob

 

Yes. The Company is required to keep accurate records of who was driving the vehicle on any given day. For all intents and purposes, the Court will expect an on going log to be maintained detailing the identity of all users of the vehicle at any specific time. Failure to be able to supply this information will probably result in conviction. It is not a defence to say that it is a "pool" car and that anybody could have been driving it at the time, unless you have an exceptional case.

 

Taken from here Failing to Identify Driver | Notice of Intended Prosecution

[aspenarb]

Yes. The Company is required to keep accurate records of who was driving the vehicle on any given day. For all intents and purposes, the Court will expect an on going log to be maintained detailing the identity of all users of the vehicle at any specific time. Failure to be able to supply this information will probably result in conviction. It is not a defence to say that it is a "pool" car and that anybody could have been driving it at the time, unless you have an exceptional case.

 

Taken from here Failing to Identify Driver | Notice of Intended Prosecution

 

Here is the article Sky, the section in red says it all really but the rest of it ratifies what I am getting at . We do advise them we dont know who the driver is and request their assistance which is never forthcoming. The truth is it lands on a clerks desk who cant be @rsed with the paperwork and it gets binned. Twenty-five plus years of dealing with this has produced the same results every time. If they ever did kick off about it the company gets fined which wont affect me personally or my license. It all goes back to registering the company as the keeper.

 

Bob

 

Your legal obligation is to identify the driver, the assumption being that you know who was driving the vehicle at all times. If you cannot be sure, then the Police have the option to prosecute for failing to identify the driver. If there is a genuine reason why you cannot provide this information (and you may have an entirely justifiable explanation), then you should advise the Police accordingly.

 

If there has been no attempt on your part to with–hold information deliberately or negligently, you may have a defence. However, such circumstances are rare as you are required to make reasonable and diligent enquiries regarding identification so if you cannot do so, it would be prudent to seek legal advice before returning the Notice of Intended Prosecution. If you require assistance at this stage, please use our Summary Telephone Advice Service. If you are still unable to provide information to the Police, you should expect to end up in Court as the Police are now very likely to prosecute for failing to identify the driver. Whilst the Police will infer that there is no justified defence, the Courts have not always agreed. Each case will hinge on the efforts made to identify. For example, before, declaring that you cannot identify the driver, ask to see the Police photos, which whilst used by the prosecution to identify the vehicle only, may actually assist you in identifying the driver.