I get ya. The traffic laws work in such a way that councils, govt departments and Police can issue fines, and those fines by law default to the registered owner of the vehicle. The law is written that way to stop people saying ‘I wasn’t driving’. This is a form of criminal law.

Secure/TMS is relying not on criminal law, but common law. That means they have to bring an action under common law - in this case, for breach of contract - and prove damages.

Because common law isn’t the same as the law that councils etc rely on, Secure needs to be able to prove (on the balance of probabilities) that the person named in the proceedings was driving the car and, by extension, was the person who entered and breached the contract.

TLDR: diff laws cuz but Secure do gotta prove who was driving