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#Post#: 57174--------------------------------------------------
A40 North Wharf Road W2 to A40 Dorado CL W12 - Speeding Ticket
on Rented Vehicle
DIR By: TruthSeeker
Date: February 8, 2025, 7:38 am
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Hello!
I recently rented a vehicle for two weeks as mine was in the
shop. A friend asked to borrow the rented car for a night as he
had a family emergency, he assured me that he would insure
himself for the duration and actually showed me what looked like
a temporary insurance policy in his name. However, I have just
received a letter from the rental company stating that there is
a speeding ticket I need to pay for. My questions are the
following -
- What happens if I provide the details of the driver but they
decide not to respond and ignore the letters? Will the burden
come back to me? Will the Met contact the rental company again
as they are the registered keeper? Will this cause me further
problems?
- Also, I have read that I will need to provide proof that my
friend was in fact insured otherwise I could be prosecuted for
letting them drive uninsured. Is this true?
- Will the Met notify the rental company of who the driver was
and will I face any legal repercussions for borrowing the rented
car?
_ Will it be easier for me if I accept liability but as a first
time offender request that I am out on a speeding awareness
course? Can I request to be on the course of are the Met forced
to offer it to all first time offenders? Is there some criteria
or legality on this as it doesn't seem fair and transparent for
this to be up to their discretion.
I have never received a speeding ticket before so I am a bit
lost and worried; especially with the fact the the vehicle is
rented. Please could you shed some light as to how that changes
things?
Thanks in advance!
#Post#: 57180--------------------------------------------------
Re: A40 North Wharf Road W2 to A40 Dorado CL W12 - Speeding
Ticket on Rented Vehicle
DIR By: NewJudge
Date: February 8, 2025, 8:04 am
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--- Quote ---
> (1)- What happens if I provide the details of the driver but
they decide not to respond and ignore the letters? Will the
burden come back to me? Will the Met contact the rental company
again as they are the registered keeper? Will this cause me
further problems?
> (2)- Also, I have read that I will need to provide proof that
my friend was in fact insured otherwise I could be prosecuted
for letting them drive uninsured. Is this true?
> (3)- Will the Met notify the rental company of who the driver
was and will I face any legal repercussions for borrowing the
rented car?
> (4)_ Will it be easier for me if I accept liability but as a
first time offender request that I am out on a speeding
awareness course? Can I request to be on the course of are the
Met forced to offer it to all first time offenders? Is there
some criteria or legality on this as it doesn't seem fair and
transparent for this to be up to their discretion.
--- End Quote ---
I assume that, as far as you are aware, it was your friend who
had possession of the car at the time of the alleged offence.
I have numbered your questions for convenience.
(1) It is uncertain what the police will do. They may come back
to you or they may simply pursue your friend for "failing to
provide driver's details".
(2) It's a distinct possibility.
(3) There's no reason why they should. But they might.
(4) Only if you fancy a bit of jail time. You can't request
anything and what the police decide to offer the driver is
irrelevant because it wasn't you. Naming yourself when you know
you were not driving is "Perverting the course of justice" and
almost always ends in a custodial sentence - even for Members of
Parliament:
HTML https://www.bbc.co.uk/news/uk-england-cambridgeshire-47040912
#Post#: 57188--------------------------------------------------
Re: A40 North Wharf Road W2 to A40 Dorado CL W12 - Speeding
Ticket on Rented Vehicle
DIR By: andy_foster
Date: February 8, 2025, 9:14 am
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As a general rule, we don't do "What if?"s - partly because it's
a hypothetical question, and mostly because it is very close to
asking us to conspire to pervert the course of justice - like
you did in your fourth question.
#Post#: 57225--------------------------------------------------
Re: A40 North Wharf Road W2 to A40 Dorado CL W12 - Speeding
Ticket on Rented Vehicle
DIR By: roythebus
Date: February 8, 2025, 2:50 pm
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There's also the possibility that your friend may be done for
Taking Without the Owner's Consent as the rental company did not
consent to him using the car, and to you for permitting it to
happen. But then it may be that you are the person responsible
as you as the hirer are "the keeper" of the car during the hire
period. The hire comany pass the buck to you.
#Post#: 57243--------------------------------------------------
Re: A40 North Wharf Road W2 to A40 Dorado CL W12 - Speeding
Ticket on Rented Vehicle
DIR By: Dave Green
Date: February 8, 2025, 5:45 pm
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--- Quote from: roythebus link ---
>
> There's also the possibility that your friend may be done for
Taking Without the Owner's Consent as the rental company did not
consent to him using the car,
--- End Quote ---
As long as the OP gave their permission, there was no TWOC.
The offence of TWOC is prosecuted under the Theft act 1968
(From the CPS)
--- Quote ---
> Taking Without Consent (TWOC)
> Elements
> Section 12 (1) TA 1968 defines the offence as taking any
conveyance (apart from a pedal cycle) to use it without having
the consent of the owner or other lawful authority (TWOC).
--- End Quote ---
and for a hire vehicle, the owner is considered to the the
person who has rented that vehicle.:
--- Quote ---
> “owner”, in relation to a conveyance which is the subject of
a hiring agreement or hire-purchase agreement, means the person
in possession of the conveyance under that agreement.
--- End Quote ---
#Post#: 57370--------------------------------------------------
Re: A40 North Wharf Road W2 to A40 Dorado CL W12 - Speeding
Ticket on Rented Vehicle
DIR By: BertB
Date: February 10, 2025, 3:54 am
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There is no "First time offender" rule associated with speed
awareness courses. The only criteria are qualifying speed and
that a previous course hasn't been completed within the last 3
years, offence to offence date. You haven't told us what the
alleged speed is, but should it meet the '10% + 9mph' and the
driver hasn't completed a SAC within 3 years, they should be
offered one.
These things usually run smoothly, so long as the nominated
driver doesn't mess about. Normally the police will not look at
insurance circumstances, but a nominated driver not responding
will start to arouse suspicion. At that point the police may
look into why the nominated name by the insurers and nominated
name by you differ.
If they do check it out, you may be asked to provide proof they
were insured, yes.
Do not attempt to pervert the course of justice by nominating
someone who was not driving.
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