car hire company is trying to pass on a speeding fine

[alecstilleyedye]

it is indeed a forward facing camera, and one I know so well that the idea I sped through it is almost an insult...

 

[IncoherentJeff]

yes, the hire period was 0700 02/12/13 to 0700 03/12/13 and I've emails to that effect...

If the offence happened before this, inform the police than you weren't in possession of the vehicle at the time and have your booking details to prove it.

If the hire company drops a vehicle off before its due without a signature of receipt or any proof of delivery etc. this is very poor record keeping and they wouldn't be able to back up their statement that you had the vehicle. The speeding offence would revert back to being their problem.

 

[IncoherentJeff]

It sounds like te hire company received the speeding ticket.

Either they asked the delivery driver & who said it wasn't them or they just looked at who had the vehicle booked nearest the time.

I think if you tell the police it's not you then it will go away and the company will look into it further. Or if their dodgy they might continue to say its you, but it sounds like they don't have a leg to stand on if they do that.

 

[pplpilot]

it is indeed a forward facing camera, and one I know so well that the idea I sped through it is almost an insult...

Then you absolutely nothing to worry about, state you wasn't the driver. End of.

 

[The Jogger]

You need to get your company to change their car hire company to one that doesn't try to stitch up their customers.

 

[Keith Oates]

A polite letter to the car hire company explaining the situation and suggesting there must have been a mistake made in their office procedure, is the best first step. If after that they still persist that it was you driving the car then go in with both guns firing!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Globalti]

Any intelligent person will detect the annoyance (or even outrage) in your voice when you phone them. If they refuse to coperate, tell them you'll discuss it in front of the magistrate.

 

[PeteXXX]

If your letter was from the police, it's them you must deal with. If you don't pay the fine and you're given the option to go to court the company can be called as a witness.

 

[Venod]

For more advice look at this site

http://forums.pepipoo.com/

Saved me £60 (I read some good advice on there) when a cowboy parking company tried it on with the wife.

 

[ComedyPilot]

Simple facts.

Car is the hire company's. The speeding offence will be captured (I presume) a speed camera site/van. The offence picture (should) will have a speed, date, time, location.

You need do nothing if it wasn't you, it's up to the police/registered keeper to identify you (not possible if it isn't you). If it wasn't you, stick by your guns and explain all this in court.

If this were me, I would stick a pin in a map of the car's last known (company) location/depot. Then stick a pin in the map of your location. Draw a line between the 2. If the speeding location is on or near that line, and direction of travel is TOWARDS you around/before the usual delivery time, then it is more than reasonable to believe the actual speeder was the delivery driver. Also, the picture sometimes captures the driver's face.

 

[Linford]

Simple facts.

Car is the hire company's. The speeding offence will be captured (I presume) a speed camera site/van. The offence picture (should) will have a speed, date, time, location.

You need do nothing if it wasn't you, it's up to the police/registered keeper to identify you (not possible if it isn't you). If it wasn't you, stick by your guns and explain all this in court.

If this were me, I would stick a pin in a map of the car's last known (company) location/depot. Then stick a pin in the map of your location. Draw a line between the 2. If the speeding location is on or near that line, and direction of travel is TOWARDS you around/before the usual delivery time, then it is more than reasonable to believe the actual speeder was the delivery driver. Also, the picture sometimes captures the driver's face.

Moving into safespeed territory here. The laws were changed requiring drivers to incriminate themselves with a speed cam NIP. No other offence requires an individual to do this.....

 

[asterix]

Moving into safespeed territory* here. The laws were changed requiring drivers to incriminate themselves with a speed cam NIP [notice of intended prosecution]. No other offence requires an individual to do this.....

No, it's not necessarily the driver it is the vehicle's keeper that is first suspect. The police send them the notice that the hire company will have acted on. The vehicles keeper is the only address they would have on record. Since they are responsible for the use of the vehicle it's reasonable for them to be aware of who was driving it at any time. Especially if they hire it out since terms of hire specify who may drive the vehicle.

surely i'm only 'in possession' during the hire period, not the periods outwith?

yes, it's a no-brainer, be very careful how you defend yourself.


* a morass of tendentious misinformation and deception.

 

[morrisman]

Simple facts.

Car is the hire company's. The speeding offence will be captured (I presume) a speed camera site/van. The offence picture (should) will have a speed, date, time, location.
You need do nothing if it wasn't you, it's up to the police/registered keeper to identify you (not possible if it isn't you). If it wasn't you, stick by your guns and explain all this in court.

This is probably entirely wrong .
If the hire company received a S172 Requirement to Identify the Driver of the car at the time of the offence. They appear to have nominated you as the hirer.
You in turn have received a S172 and possibly a Notice of Intention to Prosecute (NIP).
If you do not reply to the S172 within the stated time (28 days) you will be prosecuted for Failure to Furnish Driver Details.
So reply to the S172 stating that the vehicle was not in your possession at the stated time (if this is indeed true), provide what proof you have and state therefore you are unable to name the driver.

Prosecution for S172 Failure to Furnish will get you a big fine and 6 points and it will not matter that you were not the driver.

 

[Smurfy]

It sounds like te hire company received the speeding ticket.

Either they asked the delivery driver & who said it wasn't them or they just looked at who had the vehicle booked nearest the time.

I think if you tell the police it's not you then it will go away and the company will look into it further. Or if their dodgy they might continue to say its you, but it sounds like they don't have a leg to stand on if they do that.

Perverting the course of justice is a very serious offence, well, much more so than a speeding ticket at any rate (just ask Chris Huhne!). I'd expect the Police to take a very keen interest if there is any evidence of this.

 

[Bobby Mhor]

Speeding fine ?
Nothing to what this lady is being charged HERE