Driving without due care and attention- via a dash cam on a bike

[Blue123]

had a request for driver information '' driving in a public place without due care and attention''
had no idea what it was about and asked for details and there was a video clip link - it was a company vehicle so not sure who was driving it as it gets passed around - The clip shows a dash cam recording from a push bike thing - it was going at speed and you can see our vehicle a van overtake it safely giving it room,
before this it had caused a great tailback in rush hour speeding on the inside of vehicles and swerving around them - it was stuck in the middle of the road a lot of the time. as you see our vehicle overtake you can tell the excessive speed this motorised bike was travelling at and it returned to the middle of the road to continue its speeding journey. Asked them to produce evidence of the driver but they only have this manoeuvre from the back of our vehicle. If anyone was driving without due care and attention it was this cyclist, the one without insurance, speeding, with disregard to other road users - Do these people get a commission? how can they submit such a recording when you can see they are traveling at excessive speed - how do we defend this?

[HandyAndy]

...how do we defend this?

At present your overriding concern is to identify the driver. If you don't do that then the allegation itself becomes irrelevant.

"The person keeping the vehicle" has a duty to provide the driver's details. Failure to do so is an offence and results in a hefty fine. If the "person keeping the vehicle" is an individual, they also face six points and an endorsement code (MS90) which will cause insurance grief for up to five years. If it is a "body corporate" then no points can be imposed (companies don't hold driving licences) but the fine will be higher. In some cases, where there is evidence that a particular individual is responsible for the failure, they can be prosecuted either as well as or instead of the body corporate.

There is a defence to the charge which says:

"A person shall not be guilty of an offence....if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was."

So, who was the request addressed to? What steps has the recipient taken so far to identify the driver? If it is a shared company vehicle, is a record kept of who takes it out?

[Blue123]

I did give the details of the driver, records were kept - how can the alleged offence be defended?

[HandyAndy]

- how can the alleged offence be defended?

The definition of careless driving is that "which falls below the standard of a competent and careful driver." That's all it says.

The clip shows a dash cam recording from a push bike thing - it was going at speed and you can see our vehicle a van overtake it safely giving it room,

In which case it surprises me that the police saw fit to take action. But it seems they did.

Presumably the police will produce the clip as their evidence. The accused driver can't really dispute the content of that clip (unless he believes it's been altered in some way so as to be misleading - in which case it will be for him to prove it). His only defence will be that he considers his driving met the standard required by the law.

It will be for the court to decide the matter.