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Menston driver fined after failing to fill in form
Failure to properly complete a police form asking for driver information landed a company director with a bill for £1,775 from Skipton magistrates.
Benjamin Lack, 40, of Beamsley Close, Menston, told the court on Monday that it was either him or his partner who was driving the Porsche 911 caught on a speed camera doing 83mph on the A59 at Draughton in June last year.
But Lack said that because he could not be absolutely sure and because photographic evidence had been inconclusive, he did not want to give false information to the police.
Lack added he had been advised by Nick Freeman solicitors that to state the wrong person had been driving at the time would be far more serious.
The court heard he had been sent a notice of intended prosecution and reminders and that he and his solicitors had responded with requests for photographic evidence in an attempt to confirm who had been driving.
Lack, who denied failing to identify the driver on July 22 last year, apologised to the court for wasting its time, pointing out that both he and his partner had clean driving licences with no points and that he genuinely did not know who was driving the car on June 2 last year.
He added it had been hanging over him for a long time and that he was in no way trying to wriggle out of anything.
But prosecutor Hilary Reece pointed out that the first form of intended prosecution sent to Lack made it clear that if he had not been the driver, he ought to give details of anyone who might have been.
She added that it must have been possible for him to remember who had been driving on the day – despite Lack claiming it had been a Sunday, both he and his partner had been insured to cover the courtesy car and their weekends involved ferrying their children to various places.
Magistrates told Lack he had failed to complete the notice of intended prosecution as requested and found him guilty. No evidence was offered for the speeding offence and it was dismissed.
Lack was fined £1,050 and his licence endorsed with six penalty points. He was also ordered to pay £620 costs and a £105 victim surcharge.