Application for the name and address of the driver - 4 MONTHS AFTER OFFENCE

[tony12uk]

Hi All

 

Could do with a bit of advice regarding a Notice Of Intention To Prosecute and the request for the name and address of the driver.

 

The apparent offence was doing 37mph on a 30mph road. It apparently happened at 23:36 on 30/09/2011 and the date of the notice is 18/01/2012.

 

If this was myself which I am not certain whether it was or not as it was that long ago then it was possibly around the time that I bought the car so it may not have been registered in my name in time for the notice to come to me and may have gone to the gentleman I bought the car off originally.

 

Any advice on how to proceed would be greatly appreciated.

 

Thanks

 

Tony

[andydd]

Can you not reply with "I genuinely do not know" ?

 

Andy

[tony12uk]

No, the options are yes or no and if not then I would need to provide there name and address!!!!!!!!!!!!!

[Aretnap]

Do you mean you're not sure if you were in possession of the car at the time or that you're not sure if it was you driving it?

 

If the former, a car must be a noticeable amount of money - have you checked your bank statements to see when you paid for it? When did your insurance for it start?

[Old Snowy]

The law (s.172 Road Traffic Act 1988) requires that if you were the keeper of the vehicle (NB - this does not mean the registered keeper but effectively the person who had the keys) at the time of the alleged offence that you give such information as to the identity of the driver as the police have requested (i.e. name, address etc) or if you were not the keeper that you give such information as is in your power to give that may lead to the driver being identified.

 

This means that you name the driver - if you were the keeper (which may well mean naming yourself if you were driving) or, if you had left the vehicle in the care of a relative whilst you were abroad, for example, that you any information you may have - which can even mean saying that you have no information.

 

As the keeper you have a statutory defence if you can show that you did not know who the driver was and could not ascertain who they were having exercised reasonably diligence. Similar you would not be convicted if you could show that it was not reasonably practicable for you to name the driver because, for example, too much time had elapsed between the alleged incident and the service of the requirement upon you.

 

Merely citing one of these defences will not prevent the matter proceeding to court. Indeed, the defences are for a court to decide upon. In each case the evidential bar is fairly high because, over the years, far too many chancers have tried to exploit them.

 

If you do not name the driver then you can fully expect to receive a summons. The penalty for failure to comply with the requirement to disclose the details is a mandatory 6 points and a fine usually in the £350-500 bracket. You would commit this offence if you did not respond within the permitted 28 days.

 

As a first move, if you still have sufficient time, write to the originator of the requirement asking that you be provided with any stills/photographs they may have to "assist me to identify the driver". Specifically do not use the words "evidence" or "proof" as at this stage you are not entitled to access to that but most forces will supply photographs on reasonable request. Do not elaborate on your reasons for asking for the photos as this may be used later if matters progress.

 

In addition to requesting the photos I suggest that you start to check diaries/personal organisers for indications as to yours and the vehicle's movements and chequebooks, credit card slips/statements, bank statements to ascertain whether you were in the relevant area at the time. You will have to demonstrate that you have carried out such checks as a minimum if you need to avail yourself of the "reasonable diligence" defence in due course. You cannot exercise reasonable diligence after you have been summonsed.

 

Be prepared to respond before the end of the 28 day limit without having had sight of the photos.

 

The law also requires that (in the case of specified offences of which speeding is one) that the registered keeper be served with a notice of intended prosecution within 14 days of the alleged offence. However, if they could not ascertain who the registered keeper was (or they have approached a previous keeper first) then the 14 day limit will not apply to your NIP.

[josephbloggs]

You should of had your new v5 thru by now compare the dates of the letter and when you became the registered keeper that should confirm who was driving