OK, here's a long-winded one:

 

I got an NIP today, dated 5/5, for an offence on 30/1 in Cumbria - 89 on the M6, caught by a crappy camera van [side rant: they're supposedly "hi-vis" liveried but b0ll0x to that! They're dark blue with a yellow stripe along the bottom, and they park on bridges so the yellow stripe is obscured].

 

Now, I was in the works van, which is why they can get away with sending the NIP 3months after the offence. After some thinking I realised that it's also a lease-hire van, which is presumably why the boss didn't mention receiving anything within 14days to me (because it would have got sent to the hiring company, arrived at him months later, by which time I was no longer working for him).

 

Next, I was working for cash in hand, so there was no official contract between us to say I was driving the van. *Although* since leaving him a couple of months ago, I've been self-employed, and to pay me for the last few hours I had owing, he sent me a semi-official looking "invoice" (yes, I know its not an invoice really, but that's how he labelled it). No dates of work are mentioned on this, and it was sent 5/4 (i.e. long after the offence).

 

Hmm, I *might* have been driving the van - I've done a couple of runs up that way for him, and I do get frisky on the M6 coming home. But other people drive for him sometimes too, and I've got *no* record of what I was doing on that date, so I really can't be sure it was me (he might have records, of course, but I don't know how they hold up if I'm cash in hand, yknow?).

 

He's kind of dodgy, his previous company (which these runs were supposed to be for) had gone into liquidation just before this, so he was unofficial partner in this new business, and I remember him saying something about how he couldn't invoice the guys I was carrying for until something was set up (god, hear my business knowledge). The van was leased to the old, liquidated, company, he wasn't paying for it any more, and really the hire company should have taken it back by then.

 

Crap, I'm waffling but I dunno how much of this is relevant... The guy owes me a packet from when he went into liquidation (yes, I carried on working at the new place - should've learned, right?), and I'm kinda p1ssed that he's laying this fine on me.

 

What's my best response to Cumbria Constabulary? It's a long time ago, I can't remember who was driving, but I'm not the registered keeper so there's no onus on me to take the fine if I can't provide driver details, right? Which section do I fill in on the NIP? The closest I can find is Part5, but that specifically states I *wasn't* the driver, which *might* not be the case (and I gather photos could prove otherwise, getting me in more trouble).

 

So many complicated issues, sorry :'(

 

An aside: how come I haven't been offered a course on speeding awareness in exchange for the points? I've got a clean license otherwise :/

Ask for the Photos to prove you where driving.

 

cheerz, mickey

As far as i'm awear you can denie that it is you driving, unless they have a photo of you from the front and that clearly shows that it is you. You should not admit to being the driver at this point. Phone the issuing police station up and explain that as it was so long ago, you do not know who the driver might have been. Then ask if the photo shows who was driving, explaining that more than one person could have been driving the vehicle at that time.

 

And if you can string it out long enough, they will probably dismiss it :D, they did with me when no-one could prove who was in the works van :rofl:

 

HTH

two words 'plausible deniabilty' its down to the police to prove you were the driver. in all fairness you have yourself said you could have been the driver and also admitted you dont hang around. firstly get ure post deleted so there's no written evidence and also make doubly certain ure suspect employer isnt setting you up for someone else's fall

Yeah, not your place to prove you were not the driver, its up to them to prove you were.

 

Say you have no recolection of driving on that date, If they can prove it was you, your stuffed with it. if not. you walk.

Been through this with a previous employer and unless he can prove you were the driver at that particular time you cannot be done for it and the police will have to chase the employer to prove who it was, mind you that was a few years ago and maybe things have changed.

All this *****x as a result of driving a vehicle at the average speed on a motorway,

safety partnerships - what total twats they are!

Take a look at http://www.pistonheads.com

and click on forums in the top right corner, then 'speed, plod and the law'. There's some good advice there.

Edit your post a bit tho, just the main points and you're pretty sure it wasnt you driving.

Cheers,

hmm, all very useful... OK, so I phone them up rather than try to fill in the formy thing, that's a start :) I was worrying earlier that if I ask for a photo they will pull some kind of "nah, if you want that you'll have to take this to court" routine to scare me into just accepting the fine.

 

SUFFOLKZX: I was wondering what constituted proof for this purpose - I mean, worst he can have is my first name down in his diary for that day, but no surname, no signatures, no official record of me working for him on specific days.

 

daves_new_zx/takemetothepub: yeah, good plan - honest and to the point, plus if no-one gets the fine, no-one gets annoyed :). Roughly how long do they kick these things around for before giving up, do you know?

 

Anyone got an answer to why there isn't an offer of a speeding awareness course, btw?

 

OK, thanks for the advice, guys :) I'll phone em up on Monday and see what they say.

 

[Trevz - good plan mate, will see if I can work out how to edit...]

lol no, I can't :rofl: