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  1. I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks
  2. Hi can anyone help as to where I stand here please? I had a letter asking me to name the driver of my car. It was addressed to the company secretary as the the car is in my company name. My wife had opened the letter as she deals with most work post (im secretery tho). The offence was doing 40 in a 30 (dual carriage way). I keep a log of when i am in the car but generally its my wife. unfortunately I couldn't find my diary. My wife rang the police and asked for a copy of the camera photo which they sent out. The photo was very blurred and you couldn't see who was driving the vehicle. She rang the police and informed them we was unsure and that I would have to find the diary. My wife found my daughters dance dates which confirmed that she was driving. She filled out the NIP form with her details and sent them off. Unfortunately this was filled out incorrectly as it should have been me who filled out the form, but also she had put Yes to Q1 but then also filled out section B with her details. A letter was sent out to say that the form was wrong and that we would have to fill the form back out and send it off. My wife rang the police and spoke to a lady to ask why it was wrong eg, she was told that we would have have 7 days to fill the form and get it back to them, this was on Monday 15th feb. The form was filled out and emailed back the them the following Monday 22nd at midday. Around the 26th (cant remember exact date) we received another letter saying that I (well the company secretary) would be prosecuted under section 172 failing to supply information in time? My wife rang the police back and spoke to the clerk who said that we had filled late and that they had said they would only give a couple of days to get the form over, not 7 days. Can anyone shed some light as to where I stand please? Court date is next month. Kind Regards
  3. I am in nearly £5,000 worth of debt with 8 different collection agencies. Some of them being Lowell, Marlin, Quikcbridge BCW, Capquest. I honestly don't know where to turn to for advice, so I am hoping someone on here could help?!?! I have set up payment plans with a few of the companies but many of them keep hounding me to up the payment and even though I have sent them forms and proof or incoming and outgoing they wont let up. I have heard about asking them for my contract, can I do this? If so how ? What is the best course of action to take with them ?
  4. Does anyone have any references to s172 decided cases? First instance would do... The defendant is getting booey with me and insisting its efforts at compliance are all 'honest' mistakes and would provide for relief (assuming it ever applies)
  5. Good Evening All, Long story cut short, received a NIP for speeding 37 in 30mph. Addressed to myself. After a week of arguing agreed it was my partner and popped off the form to the right address.Month later, received another form, moaned and grumbled and duly filled out the form and sent away again (not recorded) truly did not see the need to. Today partner receives a summons for the initial speeding offence (no dispute here) and now also failure to name the driver, yet one of the NIP forms with my hand writing on it is included with the bundle of documents???Having calmed down after getting all frustrated with it all, I can only a spot one possible issue (on my part unfortunately) - The first letter was addressed to me and I replied with my partners info and sent back. The second, may have been addressed to my partner and I may have actually filled it out again as if addressed to me by mistake as I thought it was the same thing - a la lost in the post!Within the bundle there is also a third NIP letter, which I sincerely never received I know at least one NIP form was received, but I think both that I received as they actually sent me one with my hand writing on it. Hope this is making sense! What a mare to now receive this. There is absolutely no dispute on the speeding offence and we replied to both the NIP letters we received, though I do take on board the fact that I may have filled in one form in the wrong place. However, both were returned, no arguments, disputes or nonsense as to who the driver was and now get a court summons! Common sense would have been nice from my point of view, assuming it is down to the fact that I filled in section B not A etc.... Perhaps a little letter to say you filled in the wrong bit or is that too obvious and easy? I would be sincerely grateful for any advice as to prevent this from a court visit. Partner has been driving 12 years, not a single offence and I had 3 points about 7 years ago in all of my 20 years driving.... What a mare At the moment, there is no number or option to try and explain and I'm absolutely of the opinion that this is not in the best interest of anyone concerned, waste of time and money for all! We in our minds have been upfront with who was driving, filled out two forms, though one may have been in the wrong place and to then get a bundle of docs saying that we are hiding the identity of the driver is a little upsetting to say the least. Is there literally no option to discuss this with either the constabulary, court or CPS?? We are stuck for the most common sense approach and any ideas would be most warmly welcomed. Thanks in advance, D
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