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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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Received a letter addressed to my business name at the

Customer Question

Hi received a letter addressed to my business name at the business address for exceeding speed limit. 41 in a 30mph limit area.
where do i stand with this as i am unsure who was driving the vehicle?
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

What steps have you taken to ascertain who was driving?

Customer: replied 6 months ago.
none at this moment as i have only just received the letter
Expert:  Jo C. replied 6 months ago.

The duty is upon you to ascertain who was driving.

S172 does not ask if you know offhand who was driving as, of course, you do not.

It demands that you investigate and ascertain who was driving. That is usually possible bearing in mind that this can only have been under 14 days ago.

Expert:  Jo C. replied 6 months ago.

If you genuinely cannot then there is a defence in saying that you were not able to find out with reasonable diligence but the burden of proof is upon you rather than upon them and you do need to show what steps you have taken.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
the alleged date of the offence was 01/02/2016
Customer: replied 6 months ago.
it is difficult for me to find out who was driving the car at the time. it does state on the letter that they do have a photograph
Customer: replied 6 months ago.
i didn't want to take any action on this until i had some advise on what i should do
Expert:  Jo C. replied 6 months ago.

Is that the first NIP?

Are you the registered keeper?

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