car hire company is trying to pass on a speeding fine

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alecstilleyedye

nothing in moderation
Moderator
had a letter from cheshire constabulary stating intention of prosecution for speeding offence.

the car listed is not mine; i suspect it's the hire car i had for the monday following the saturday of the offence (my employers regularly hire cars for me to visit different offices); the hire companies quite often like to deliver to/leave the hire cars in the street ahead of/after the hire period and i can recall them delivering one car earlyish saturday morning, which may well have been this one (although i've no record of the registration). they don't always get a signature, incidentally.

if that's the case, I won't have driven it until the monday (surely i'd be uninsured to do so outside of the hire period), and the company have only once allowed me a weekend hire (which was a different date). the direction of travel is also towards where i live and at a time on a saturday when, far from gadding about town in a hire car, i'll far more likely be getting kids' breakfasts, tuning my son's guitar ahead of his lesson at 10, and then prepping the bike for a club run that was on later that day. we have our own car

typically, none of the response options fit the scenario (the closest is i've never been the owner/keeper/hirer of the vehicle (although i can't be sure i've never had that particular car), and the length of time between getting this and the offence suggests that the hire company has passed on my name.

i'll be ringing the ticket line on monday morning, and speaking with the car hire coordinator when we're both back at work.

anyone got some sagely advice for me?
 
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just what you plan to do. makes perfect sense
 

asterix

Comrade Member
Location
Limoges or York
The onus is on the keeper of the vehicle (hire company) to provide driver's identity to the police. It is your word against theirs. I think they would have to prove you were in possession of the vehicle. From what you say, they'll have a tough job to do so.
 
The onus is on the registered keeper of the vehicle to provide information as to the driver of the vehicle at the time of the offence; the hire company is the registered keeper.

In the current circumstances all you gotta say is "it wasn't me" and they'll have to provide information as to who it was.
 

Pale Rider

Legendary Member
the hire companies quite often like to deliver to/leave the hire cars in the street ahead of/after the hire period and i can recall them delivering one car earlyish saturday morning, which may well have been this one...
the direction of travel is also towards where i live

Look like it's the hire company's delivery driver.
 
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alecstilleyedye

alecstilleyedye

nothing in moderation
Moderator
Look like it's the hire company's delivery driver.
indeed my suspicion…
 

Pale Rider

Legendary Member
indeed my suspicion…

I think all you can say at this stage is you were not the driver at the time of the offence and you don't know who was.

In motoring cases, you are often presumed guilty until proven otherwise, so best get your alibi sorted now.

Can anyone else say where you were when the offence was committed?
 

IncoherentJeff

Well-Known Member
Location
Gtr. Manchester
Do you or your employer (if booked through work) have a copy of the booking?
If you can show the speeding offence happened outside of the hours you were legally in possession of the vehicle, then the onus is back on the hire company to explain who was in the vehicle.

If worst comes to worst, hopefully it's either a static forward facing camera or a mobile speed van, these things are backed up with photo evidence that would hopefully show it wasn't you.
 
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alecstilleyedye

alecstilleyedye

nothing in moderation
Moderator
[QUOTE 2843310, member: 45"]The hire company will have to prove that they handed the car to you before the offence.[/quote]
impossible. it will either be later if a signature was given, or no signature was given.
 
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alecstilleyedye

alecstilleyedye

nothing in moderation
Moderator
Do you or your employer (if booked through work) have a copy of the booking?
If you can show the speeding offence happened outside of the hours you were legally in possession of the vehicle, then the onus is back on the hire company to explain who was in the vehicle.

If worst comes to worst, hopefully it's either a static forward facing camera or a mobile speed van, these things are backed up with photo evidence that would hopefully show it wasn't you.
yes, the hire period was 0700 02/12/13 to 0700 03/12/13 and I've emails to that effect...
 
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