Just received a court summons (addressed to the company) for failing to provide driver details.

This is one of my company cars and the offence has photos from rear and it is impossible to identify the driver.

I genuinely do not know who was driving at the time, there were 2 people in the car sharing the driving on a long journey.

I replied to the offence stating this but have received this summons.

Any advice? Just go to court and repeat I don't know who was driving?

Errrr, why just not ask the two people who was driving at that time  ON THE WAY: BMW F21 M140i
MERCEDES GL350 - Metallic Navy Blue w/Grey interior

GOING: BMW F31 335D MSport+ xDrive Touring
GONE: Land Rover Discovery 4 HSE - Stornaway Grey w/Black Interior (wish we'd kept it )
GONE: BMW F10 520D MSport - Carbon Black
GONE:MY12 RRS SDV6 HSE Sumatra/Ivory/Grand Black Privacy glass

Maybe time to think about getting a non UK driving licence, at least then the UK courts will not be able to add even more ponts.  In Spain - 2018 F Pace - Frightened away from the Sports due to crank failures
Gone - A couple of RRS, A couple of Disco's. However thinking of another Sport.

As far as I understand, as the registered keeper/owner, you're liable by default unless you can provide details of who was driving at the time. Claiming you didn't know won't help as far as I know  

"Roads ? Where we're going there are no roads." Back to the future.

Was your foreign friend driving, if so you may have to pay the fine but should not get any points. In Spain - 2018 F Pace - Frightened away from the Sports due to crank failures
Gone - A couple of RRS, A couple of Disco's. However thinking of another Sport.

Beancounter_74 wrote:

Errrr, why just not ask the two people who was driving at that time

agree with BC but if neither will say then I would suggest you advise who was in charge of the car at the time I would assume one of the two was responsible for the vehicle, let him / her advise who was driving !
As far as I'm aware you are not committing an offence if you advise that it was either A or B driving but you cannot say which one.

You are fulfilling your duty as an employer to advise who could have been driving, let them go to court and talk to the magistrate as to who was driving.

Good luck let us know how you get on  Paul

L405 Loire Blue
Swift Conqueror 645
Abarth 500c

Beancounter_74 wrote:

Errrr, why just not ask the two people who was driving at that time

Only to pleased to help. Please can they forward the photo of the driver in order you can identify the driver and provide them with the requested name.

IF they have a photo it will be Cr p anyway In Spain - 2018 F Pace - Frightened away from the Sports due to crank failures
Gone - A couple of RRS, A couple of Disco's. However thinking of another Sport.

Jonny Fresh wrote:

Beancounter_74 wrote:

Errrr, why just not ask the two people who was driving at that time

Because they shared the driving and cant remember who was driving at that precise minute.

Just quote that to the Authority and let them sort it out  ON THE WAY: BMW F21 M140i
MERCEDES GL350 - Metallic Navy Blue w/Grey interior

GOING: BMW F31 335D MSport+ xDrive Touring
GONE: Land Rover Discovery 4 HSE - Stornaway Grey w/Black Interior (wish we'd kept it )
GONE: BMW F10 520D MSport - Carbon Black
GONE:MY12 RRS SDV6 HSE Sumatra/Ivory/Grand Black Privacy glass

Unfortunately ignorance is no defence. We have to sign for vehicles and record when we drove/change overs etc.

One of the two would have been 'responsible' for the car as such and so they will have to eithier identify who was driving or take the rap for it as such. Otherwise you could end up with all sorts getting tickets, speeding, parking whatever and blaming someone else. Likewise I'm sure someone would have been liable for checking the tyres, oil, water, fuel and so on.

Sounds like a bit of policy making needs to been done sharpish. If the staff moan, tell them to blame the plonker who was speeding. I don't wish to sound harsh but in this day and age you have to cover yourself and the company. Once identified I would also consider disiplinary action for the person concerned. A real pain now but sensible in the long run.

Good luck.

mrfrog wrote:

As far as I understand, as the registered keeper/owner, you're liable by default unless you can provide details of who was driving at the time. Claiming you didn't know won't help as far as I know

SRE wrote:

IF they have a photo it will be Cr p anyway

My advice would be to not go to court but send your brief,you could end up getting asked questions you might not like to answer
Could end up quite costly to save somebody 3 points. MY2011 HSE Santorini/Ivory/Piano Black/Privacy Glass/TV .Sadly gone.
Audi A5 Sportback Black Edition 3.0 tdi quattro S Line

ChrisP wrote:

My advice would be to not go to court but send your brief,you could end up getting asked questions you might not like to answer
Could end up quite costly to save somebody 3 points.

Jonny Fresh wrote:

mrfrog wrote:

As far as I understand, as the registered keeper/owner, you're liable by default unless you can provide details of who was driving at the time. Claiming you didn't know won't help as far as I know

The company is the registered owner, not me personally. You cant give a company points.

This may be useful

http://www.pepipoo.com/Section_172.htm 

"Roads ? Where we're going there are no roads." Back to the future.