Failure to Provide Driver Information - But I did! Did I?

[JPAP]

Hope there is help here!!

 

I received summons for failure to provide Driver information contrary to section s172

 

The Car is a Company car.

 

However it can be seen from the proof they sent me that I did provide information that I was the Driver. When I rang the Police they explained that although I had provided the information that I was the Driver I had only done so in my capacity as a company representative. And I didn't as me personally in my private capacity!!!

 

As perhaps you can understand I am somewhat confused as I clearly did provide the information. But I can also see that I didn't comply with their process.

 

So faced with this I now need to get some advice as to whether I have or have not provided the information to the satisfaction of the law. Or am I just "guilty" of not jumping through the hoops?

 

JPAP

[dw190]

Hope there is help here!!

 

I received summons for failure to provide Driver information contrary to section s172

 

The Car is a Company car.

 

However it can be seen from the proof they sent me that I did provide information that I was the Driver. When I rang the Police they explained that although I had provided the information that I was the Driver I had only done so in my capacity as a company representative. And I didn't as me personally in my private capacity!!!

 

As perhaps you can understand I am somewhat confused as I clearly did provide the information. But I can also see that I didn't comply with their process.

 

So faced with this I now need to get some advice as to whether I have or have not provided the information to the satisfaction of the law. Or am I just "guilty" of not jumping through the hoops?

 

JPAP

 

Have you personally been summonsed or have you been summons as the Company Secretary at the Registered Office?

[JPAP]

Personally summoned.

[dw190]

Personally summoned.

 

You can only be personally summonsed for failing to identify if you have personally been sent a s172. If you have responded to a s172 addressed to the Company you have responded on behalf of the Company as the Company Representative.

 

As the Company cannot be the driver the response should have been "Not he driver, the driver at the time of the alleged offence was ABC XYZ". Now if ABC XYZ is as you say yourself you would then receive a NIP addressed to yourself personally which you would complete "I was the driver".

 

Without seeing what you filled in its only an assumption but it appears you are being summoned personally (in you own name) but as a representative of the Company. (the one who completed the form)

[Bernie_the_Bolt]

I cannot see how this is in the public interest to pursue.

[FCC]

Job cuts coming, hence jobsworth. " Look at me Chief Constable, I caught a criminal today! ".

[JPAP]

You can only be personally summonsed for failing to identify if you have personally been sent a s172. If you have responded to a s172 addressed to the Company you have responded on behalf of the Company as the Company Representative.

 

As the Company cannot be the driver the response should have been "Not he driver, the driver at the time of the alleged offence was ABC XYZ". Now if ABC XYZ is as you say yourself you would then receive a NIP addressed to yourself personally which you would complete "I was the driver".

 

Without seeing what you filled in its only an assumption but it appears you are being summoned personally (in you own name) but as a representative of the Company. (the one who completed the form)

 

The problem is that I didn't return the bit they sent to me personally, I thought they have that information... they will send me the letter asking for my licence et al soon....... I should have thought " Why they sending this, I will ring them!!" However the fact still remains that I still provided them information that I was the Driver!!