Author Topic: Re Genuine Do Not know who was driving to complete S172  (Read 501 times)

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Re: Re Genuine Do Not know who was driving to complete S172
« Reply #15 on: »
However, the likely disposal for a driver for the speeding offence will be the offer of a course (provided he has not done one in the previous three years). This will cost around £100 and a few hours of his time, but no endorsement or points will be involved.

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Any repercussions of nominating the driver most likely to have been driving are extremely slim. Strictly speaking, doing that does not meet the requirements of the request – you are asked to identify the driver, not the person most likely to have been the driver. But it is a pragmatic solution employed by many people on here, especially where only individuals are concerned and the likely outcome for one of them is six points.

If the nominated driver accepts that he was the driver, and responds to his own NIP admitting to being the driver within 3 months of the unstated date of the alleged offence, then pragmatism would seem to work, although I would be wary of advising someone to make a potentially false statement.

However, if the likelihood of an out of court disposal encourages clarity of recollection. then that would be a positive. As regards there being no downside to pragmatism, Constance Briscoe's friend might disagree (although that case went far beyond "pragmatism", but did serve as a cautionary tale never to take legal advice from Constance Briscoe).
« Last Edit: Today at 03:42:50 pm by andy_foster »
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Re: Re Genuine Do Not know who was driving to complete S172
« Reply #16 on: »
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Since a body corporate cannot receive points, the fine is likely to be considerably higher.

As the statutory maximum (whether for an individual or a body corporate) is £1,000, that seems unlikely. Road Traffic Offenders' Act, Schedule 2:

https://www.legislation.gov.uk/ukpga/1988/53/schedule/2

Re: Re Genuine Do Not know who was driving to complete S172
« Reply #17 on: »
Thank You NewJudge again for  your advice. I can assure you that I contacted all the drivers several times to ask them if they could recollect when they were in the vehicle. No one could remember whether they were the one behind the wheel at 10.02.  I  downloaded the camera images from the Met to see if that could help identify the driver but to no avail. I'm not sure what else I could have done. The problem is that there is no - most likely to have been driving because we were all taking it in turns. I feel uncomfortable asking someone to effectively take one for the team. I think we will have to respond again to the Met repeating that it is impossible to complete S172 and take whatever is going to happen.

Re: Re Genuine Do Not know who was driving to complete S172
« Reply #18 on: »
How about checking the drivers phone calls for that particular time? That may whittle it down a bit; is there a dashcam in the vehicle? That too may offer a clue. A fine of £1000 may well be on the cards for the company, judges tend to award that for companies who fail to keep proper records.

I'd suggest that whoever the vehicle was allocated to is the one responsible and is named. It's the down to him to decide what he wants to do. There's been similar cases on the old ppp site that had similar cases.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.