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#Post#: 81094--------------------------------------------------
Nominate driver
DIR By: pcnman
Date: July 15, 2025, 8:53 am
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We have a van we use and we move cars and deliver them, mot them
etc etc, we are just a group of lads who work on cars, buy and
sell, even race them, not an offical company as such, i (as the
company secretary) recived a request to nominte driver for the
offence of driving without due care. I answered back i
personally was in Taunton that weekend and have asked and nobody
can recall anything, i asked if they could provide footage and
this may help narrow it down. They refused, another letter came,
i said the same, they said they could not see the driver and can
say no more until i know, i again asked for more help, for
example if there was a tailer only 2 people would have legally
been able to use a trailer with a 3.5 tonne van.
They have written back saying it lies with me (whoever me is)
and the notice lies in the company name. And they cant discuss
anything till the driver is confirmed, yet previously they said
they cant discuss at all.
They seem to be making very much hard work for no reason, almost
forcing me to give a name, i have explained i have tried all i
can and are now telling me to name the driver or get 6 points.
What can they do now? I havent simply said im not naming ive
said as company secretary i cant name. Should i lie?
#Post#: 81095--------------------------------------------------
Re: Nominate driver
DIR By: disgruntchelt
Date: July 15, 2025, 8:58 am
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Is the S172 in your name or addressed to the company?
Who is the registered keeper?
Are all the people who drive the van insured on it?
#Post#: 81101--------------------------------------------------
Re: Nominate driver
DIR By: pcnman
Date: July 15, 2025, 9:07 am
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s172 is addressed to company name, not personal, and is fao of
the company secretary, not that there is such a person. Reg
keeper is the company
Anyone using for company reasons are insured. As earlier stated
i am not aware of who was the driver. (this is an operation snap
jobby)
#Post#: 81117--------------------------------------------------
Re: Nominate driver
DIR By: andy_foster
Date: July 15, 2025, 9:46 am
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--- Quote from: pcnman link ---
>
> not an offical company as such,
--- End Quote ---
Is the vehicle registered to a legal entity (an actual person or
a registered company - e.g. Trotters' Independent Trading Co.
Limited), or is it registered to an imaginary name that you,
Rodney and Mickey Pierce decided to trade under?
--- Quote ---
> i (as the company secretary)
--- End Quote ---
Are very close to having this thread locked unless you provide a
meaningful answer sharpish.
#Post#: 81122--------------------------------------------------
Re: Nominate driver
DIR By: NewJudge
Date: July 15, 2025, 10:01 am
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The police are not making hard work for no reason. They need to
find out who was driving a vehicle at the time an offence was
alleged to have been committed. They have no obligation to
assist you in in identifying the driver and providing his
details.
If the Company fails to make a satisfactory response to the
request it will be prosecuted and if convicted will face a fine
of up to £1,000. However, since a Company cannot have a driving
licence or driving record, no endorsement or points can be
imposed.
There is a defence to the charge which says you would not be
convicted if you did not know who was driving and could not find
out having exercised "reasonable diligence". But before a
Company can take advantage of that it must show that no records
of who drives the vehicle were kept and that it was reasonable
not to do so. From your description of the business, I think you
may have difficulty doing that.
As above, if you have registered the vehicle in the name of a
"Company" perhaps in an effort to make matters like this
difficult to prosecute, then all bets are off.
Is any one of you in particular responsible for "keeping" the
van?
#Post#: 81186--------------------------------------------------
Re: Nominate driver
DIR By: roythebus
Date: July 16, 2025, 3:09 am
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When you say it's not an official company, that will have some
bearing on matters. As Andy Foster mentions, is it registered
with Companies House as a company? By you as an individual
failing to name the driver you could face a fine of up to £1000
and 6 points, and a hefty increase in your insurnace premiums
for a few years. If you as the secretary of a Limited Company
fail to name the driver, the company will face a fine of up to
£1000.
This may also attract attention from the boys in blue and the
DVSA, do you have an operators licence for the van with trailer,
is the van fitted with a tachograph? A can of worms will open
up.
#Post#: 81336--------------------------------------------------
Re: Nominate driver
DIR By: pcnman
Date: July 16, 2025, 2:59 pm
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--- Quote from: roythebus link ---
>
> When you say it's not an official company, that will have some
bearing on matters. As Andy Foster mentions, is it registered
with Companies House as a company? By you as an individual
failing to name the driver you could face a fine of up to £1000
and 6 points, and a hefty increase in your insurnace premiums
for a few years. If you as the secretary of a Limited Company
fail to name the driver, the company will face a fine of up to
£1000.
>
> This may also attract attention from the boys in blue and the
DVSA, do you have an operators licence for the van with trailer,
is the van fitted with a tachograph? A can of worms will open
up.
>
--- End Quote ---
Appreciate totally what you say, thing is we arent all
`Sainsburys` i sell cars, but they want to be treated like
thayve bought from Cazoo, i think to be registerd with CH dont
you need to be a PLC?
I will have to state i have used diligence but am unable to
name, i think its important that if you are accused of
somehting, by someone, you need them to be showing you evidence,
wouldnt you expect this if someone knocked your door with an
accusation? I have stated to them i cannot guess as the wrong
name would be a criminal matter.
Do i need an operators licence, tacho? Thanks for the heads up
ill check that out right now. Thanks for your assistance.
#Post#: 81371--------------------------------------------------
Re: Nominate driver
DIR By: ivanleo
Date: July 16, 2025, 6:48 pm
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--- Quote from: pcnman link ---
>
> Appreciate totally what you say, thing is we arent all
`Sainsburys` i sell cars, but they want to be treated like
thayve bought from Cazoo, i think to be registerd with CH dont
you need to be a PLC?
>
--- End Quote ---
That would be news to the tens of thousands of small business
owners who have set up limited companies for their trade. At
least one member of this forum uses a limited company as part of
their trade as a tribunal representative. If you want to
register a real company it can be done for £50:
HTML https://www.gov.uk/limited-company-formation/register-your-company
If a vehicle is registered in the name of a fictitious company,
DVLA will be interested as there are criminal offences around
driving a vehicle that is not correctly registered with DVLA.
Thousands of people have incorrectly registered vehicles because
they've moved house and forgotten to update their address, but
DVLA doesn't seem to to be too bothered. The one instance I have
seen DVLA actually prosecute someone for using an incorrectly
registered vehicle is where some bright spark decided it would
be clever to register a vehicle incorrectly as a way to
circumvent section 172. IIRC he pleaded guilty to an offence
under VERA 1994, possibly as a way of avoiding more serious
charges.
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