Company Had A System In Place To Record Driver

Question:

Our company has received a summons for failing to name the driver.

Is it worth defending this.

We have a diary on reception that the cars are initially booked to those needing them – we have 5 pool cars staff take for meetings.

Then the keys are in a locked box in a drawer. When the person who has requested the car needs it they ask the receptionist for the key and they then tick the diary and fill in a car log with the make, reg, time in and out and their name to record driver info.

On this occasion the driver hasn’t entered any information.

Dominic says:

Yes I think you do have a defence to this matter. I am happy to help further.

A company cannot argue that it has used reasonable diligence to figure out who was driving unless it can be shown that it was reasonable for the company not to have kept a record.

In this case you have a very clear system in place and someone has breached it. It’s therefore reasonable that you don’t have a record and the company should not be held responsible for an offence.

Would you like my help with this matter? I would have good prospects of getting the cps to withdraw this matter without the need for a trial.

I charge a fixed fee of £600 plus vat for this service and if we get the matter withdrawn the company will get its reasonable legal fees back – so hopefully you will get my services for free.

Come back to me if you would like to have a chat. I did try to call you last week.