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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Who gets the license points if the car has 2 owners and its

Resolved Question:

who gets the license points if the car has 2 owners and its not clear who had the car during the time of the speeding.
the same question who gets the points if the car was borrowed to 2 drivers at the same time to drive the car jointly and they don't remember who was at the wheel at the time of the event
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is,Alex and I will help you.
Is it is a business or private?
Customer: replied 2 years ago.

PRIVATE

Expert:  Ash replied 2 years ago.
In reality you should know who was driving because the Notice of Intended Proseuction is sent within 14 days of the offence.
If you fail to identify who could have been driving it, that is a separate matter which you will get 6 points. Therefore you need to identify all who could have been driving it, that is your legal obligation and what is required.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

sorry but i feel question is not answered.

if the car has 2 owners and they should both remember who drove but in realty both have keys and access to the car and they don't remember who drove the car, are both of them getting the points?

the same question applies in my scenario where the car was given to 2 drivers to drive the car (it was a long trip) and although i - the owner - can nominate and name both drivers, the drivers say they do not remember who was by the wheel at that point of the speeding.

so who will get the points?

p.s. in my scenario the letter is dated 21 July and the incident was 12 June

Expert:  Ash replied 2 years ago.
No both do not get points, only one was speeding. The crown have to prove who was speeding. You can't both have been
The crown must proof who was driving. The original nip to the v5 owner must be within 14 days,
Does that clarify?
Alex
Customer: replied 2 years ago.

thank you

you wrote "The original nip to the v5 owner must be within 14 days,"

can i just dispute the ticket because of that? (as in my scenario the letter is dated 21 July and the incident was 12 June)

Expert:  Ash replied 2 years ago.
Yes. It is out of time if that is the case.
Does that help?
Alex
Customer: replied 2 years ago.

thank you

sory to be a pain

just to clarify you wrote "No both do not get points, only one was speeding. The crown have to prove who was speeding. You can't both have been

The crown must proof who was driving"

so in plain English this means that i as the owner have done my duty by nominating 2 drivers and i can not get points for not knowing who the driver was.

and the 2 drivers cant get points unless there is proof who drove the car.

is that correct?

Expert:  Ash replied 2 years ago.
Correct.
Does that help?
Alex
Customer: replied 2 years ago.

thank you

i shall now Finnish by rating excellent.

but one more thing.

does it make a difference if i the owner was one of the 2 drivers?

Expert:  Ash replied 2 years ago.
No, but the Court may expect you as owner to know who was driving.
I hope this helps - good luck!
Alex
Customer: replied 2 years ago.

i understand, but can i get points for not remembering who was at the wheel at the time of the incident? as i drove only some of the time and we can not determine who was the driver at that point.

p.s. the the 14 days you wrote is only if i don't remember who was the driver? or its a general rule that any ticket can be void if the letter was sent late?

Expert:  Ash replied 2 years ago.
If it was sent outside 14 days then the whole proceedings may be invalid.
Does that help?
Alex
Customer: replied 2 years ago.

thank you

please reply for this also

if the i the owner was one of the 2 nominated drivers can i get points for not remembering who was at the wheel at the time of the incident?

as i drove only some of the time and we can not determine who was the driver at that point.

Expert:  Ash replied 2 years ago.
No.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex