Safe Speed Forums

the problem
i have had a phone call from my agency to inform me that i have been caught speeding in a clients truck but i wasnt working there that day (which i can easily prove)
obviously IF the NIP comes to my door, it will be sent straight back again

can i then take the client to court for falsely giving my name? they know i wasnt in that day.
can i take the agency to court for giving my address out (data protection) without my permission?

the way i see it, one of their guys has been caught and they are trying to pin it on me. the agency told them i wasnt in there that day but they apparently insisted on having my details. i havent received anything as yet but i am a little peeved to say the least so i will bite back with everything i can. there has to be something illegal here that i can use

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Richie

SSAFA supporter
http://www.facebook.com/group.php?gid=126025031585

how does this work ?

i thought the NIP went to the registered owner (i.e. the client) who have to identify the driver ..... is there an intermediate stage for commercial vehicles ? or do they just re-issue the NIP in your direction ?

knowingly giving the wrong details when presented with a NIP would normally land you in trouble if they could prove it ??

Tell them you weren't driving that day, let them try to prove you were.

i can prove i wasnt driving. easy, i was driving a different truck for a different company. in fact, for the past 2 months, i have worked exclusively at iceland with the exception of 09/08/2007 which was and will be the only day i have every set foot in pollocks yard. the NIP was for the saturday which was 2 days later......and i was working for iceland

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Richie

SSAFA supporter
http://www.facebook.com/group.php?gid=126025031585

You don't need to prove you weren't driving, they (the SCP/CPS) need to prove that you were. Would be fun to watch them try.

not enough. i had intended making this difficult for them but then i thought, why should they get away with it at all? they know i wasnt driving yet they are trying to pin it on me. i want to take legal action against them if i can or at least let the police prosecute them for false allegations that i was driving when they are well aware that i wasnt

when someone bites me, i bite back

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Richie

SSAFA supporter
http://www.facebook.com/group.php?gid=126025031585

Immediate thought is that, prima facie, the client has a case to answer for perverting the course of justice, contrary to common law...

CPS guidelines http://www.cps.gov.uk/legal/section22/chapter_a.html#05 would appear to support this

That is what I was thinking.

I believe that anyone served with a NIP (or S.172 request?) has to give whatever information is in their power as to determine who was driving. Or words like that. And lying is bad. Unless you work for the SCP, obviously.

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Andrew.

interesting

making false statement: s.89 Criminal Justice Act 1967, s.106 Magistrates' Courts Act 1980 and s. 11(1) European Communities Act 1972;

http://www.cps.gov.uk/legal/section22/chapter_a.html#05

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Richie

SSAFA supporter
http://www.facebook.com/group.php?gid=126025031585

I think you might also have a case against the agency regarding data protection, but I wouldn't know how to make it. CAB?

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Science won over religion when they started installing lightning rods on churches.

Only if they knew that the information was false. I am sure they would say that they gave the information in good faith based upon information given by the other driver who they have no reason to doubt.
That would be very difficult to disprove in court.

There is a general exemption from data protection laws for information required for use in court proceedings.

You mean other than the fact that the agency would have a record of who was driving where on what day as would the employer?

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Science won over religion when they started installing lightning rods on churches.

going down the legal route could be time consuming and possibly expensive unless you intend to do all the legal work yourself.

If you have been named on a NIP you could plead not guilty and go to trial. When you give evidence you can tell the court the whole story. That you told them it couldn't have been you and that you proved it to them but they wasted the courts time anyway.
If the local paper had been tipped off that could result in some unwanted publicity.

Even when the proceedings are as a result of a false accusation (which the agency would have easily been able to verify)?

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Science won over religion when they started installing lightning rods on churches.

that would imply that they have no idea who is driving their wagons. if the courts wont prosecute them, im sure the traffic commissioner would be interested in knowing about it. after all, if they dont know who is driving, they probably dont check licences either (they didnt check my licence) and that is bad for their reputation

the CAB will be my first port of call Sixy. they did a good job against the council for us and we werent involved. we gave them the information and a few weeks later got a phone call telling us to expect full reimbursement from the council

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Richie

SSAFA supporter
http://www.facebook.com/group.php?gid=126025031585

Call the police and make an official complaint that someone is PTCOJ

...and they'll schedule someone to come over and take your statement sometime in May, thats if they're not out nicking kids for throwing breakfast foodstuffs at the time.

You eat cocktail sausages for breakfast?

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Andrew.

When I'm only peckish, yes! Don't you?