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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice
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Good morning, Our company has received a letter from Police

Resolved Question:

Good morning,
Our company has received a letter from Police Scotland who intend to prosecute us for a speeding offence.
They have a blurred photograph of the front of the vehicle which was doing 60mph in a 50 zone.
Firstly, I didn't think that they were allowed to take front facing photographs in Scotland due to privacy laws? Secondly, the vehicle is registered to our limited company with our Director's name underneath. Due to the nature of our business, we have a blanket insurance policy that allows anyone over*****any of our vehicles. This photo was taken when one of our temporary sub contractors was driving and we actually have no info other than his name so we are unable to identify the driver.
Can you please advise us on where we stand?
Kind regards,
Jonathan
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
On your specific points, there are stricter privacy laws in Scotland than in England and Wales generally but they don't restrict law enforcement.
Your second point is your problem. You are under a duty to investigate and find out the identity of the driver and I'm afraid it is quite unlikely that a court would accept that you could not do so. I realise that it is something you would not know off hand but that isn't what the law requires. S172 imposes a duty upon you to act with reasonable diligence and with reasonable diligence we can all identify who was driving vehicles under our control.
If you are adamant then it is a defence to say you would not do so with reasonable diligence but it is a high test and you have the burden of proof.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thank you for your answer.With regards ***** ***** first problem, I was positive that static cameras could not take your picture coming from the front, only behind. This seems to be quite a well know 'fact' and I just wanted to see if it was truly the case. I think it's different if a police unit sees your from the front but that was just with regards ***** ***** static cameras.As far as the second problem goes, I understand. We will do our best to find out who the driver was however the photo is of extremely poor quality. We have no problem paying the fine but as to whom they will stick the points on I suppose depends on our investigation.Could you clarify one more thing please? Am I right in saying that if a vehicle is registered solely to a limited company and no names of directors or managers on the log book, the company would face a larger fine but no points as as points cannot be given to a limited company?thank you
Expert:  Jo C. replied 1 year ago.
No, static cameras are perfectly free to do that as the whole point is to gather evidence to identify the driver.
The second point is the bigger issue. If you really cannot say that you need to produce a detailed log of every step you have taken over this. With companies usually it is expected that there will be some record of who was driving for other reasons.
The problem with this is that so many people have raised this defence falsely that it becomes hard for anybody to rely on it.
The company can only be fined. A company doesn't have a licence so can't receive points. However, what they could do is also send the S172 out to the directors and if they don't respond they could be pursued for failing to identify.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
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