Husband recived a NIP throught the post, but he doesnt think it was him driving?

He phoned up the place where the notice had been sent and they said it was up to him to provide evidence that it wasnt him as it was a company van, he doesnt work for the company anymore, is this right , what happened to innocent till proven guilty? not guilty till you can prove your innocent... my husband askd for evidence but the photo is taken from the back of the van. Also the incident happend on the 23th march09 , and we only recived it yesterday 30th april 09,
And it was 35 mph in a 30 zone , what do we have to do ?
Any help would be grateful thanks x

ps we are in the uk

Kevin L

Your Husband's past employer have received a notice of intended prosecution as well as a form asking the registered owner (The Company) to name the driver of the vehicle at the time of the alleged offence. The Company have then named your husband as the driver. as a result of this a further notice of intended prosecution (NIP) has been sent to your husband as well as a further request for driver details, this is normal practice. Generally speaking the offender has to receive a NIP within 14 days, as your husband was a named driver by the company, once that information is received by Police they have a further 14 days to serve your husband with an NIP, so the time line sounds correct. Your husband now has to return his details, if he fails to he committs an offence.
The Company must have cause to name your husband as the driver, were driver logs used? how many driver's employed? who else could have driven at the time? were tachographs used?
There are certain offences which place the onus on the defendant to prove their innocence, this being one of them.
Your choices are to accept the fine and points or elect for the matter to be heard before the court. ACPO guidlines state that speed Offenders should receive a fixed penalty for speeds above 10% plus 2 MPH of the relevant speed limit. So 30MPH means speeds of 35 MPH and over, remember cameras do not have discretion, unlike real traffic officers.

<:-)

I'm not positive about UK laws but it seems as though the company would have told the police that the van was in your husbands possession. I would tell the police where you were at that time and having a witness would help greatly at all. And remember you dont have to say who was driving you just have to show that it wasn't you. You are the one on trial not the van

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