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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a small company who employed a contracts manager who

Customer Question

we are a small company who employed a contracts manager who we bought a company car for. We received a speeding notice, we passed it to the employee who said he would deal with it. We have now received a notice for failing to give information of the identification of the driver. The employee has now left the company. We feel we have enough proof that he was driving the car at the time, but do we need to plead guilty for failing to provide the information?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did the company not fill in a S.172 notice identifying who the driver is?Alex
Customer: replied 1 year ago.
No, sorry I didn't really read it, just saw who it was in relation to & passed it to him.
Expert:  Ash replied 1 year ago.
Ok - its bad news I am afraid. There is always a warning on that notice which says that you must NOT hand it to the driver and just complete it nominating the driver.Therefore if you didnt complete the form and send it back, then the company is liable for an offence - they didnt identify the driver, they just handed the form.If you are a Ltd company then you will just get a fine. But sadly this is an offence,I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Am I supposed to plead guilty to the not passing on information & guilty to speeding?
Expert:  Ash replied 1 year ago.
Yes guilty to failure to disclose and not guilty to speeding.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thanks
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex