Failing to name the driver

Alleged Offence: speeding sp30 -39 in a 30 zone
Your road traffic offence question: I have been issued with a NIP from x Police for an alleged speeding offence (39 in a 30). The problem I have is that both myself and my partner took it in turns to drive and at the time in question I was unsure which one of us was driving the vehicle. The area in which the alleged offence took place is unfamiliar territory and is definately not an area I would recognise again (x as we were returning from holiday back home to x). I requested a photograph, which I received today, but it only shows the rear of the vehicle and does nothing to enlighten me as to who was driving. I have written to x Police relaying this information and also filled out the required form but haven't given driver details as I am genuinely unsure who was driving. I received a letter today asking for proof of insurance for myself and my partner but I no longer own the vehicle as I purchased it on x 2010 and due to the fact that it has developed several faults (brake problems and a hole in the drivers carpet)I have returned it back to the dealer (x). I subsequently cancelled my insurance policy and I have no certificate of insurance relating to that particular car anymore as all the relevant documentation has been shredded. I have been in touch with my insurance company but they cannot issue a replica certificate as the vehicle insurance policy is no longer in existence. I am currently waiting for a replacement vehicle to be delivered from xand I am currently driving a hire car from x cars in x. I therefore have no further means of proving that both my partner and I were insured to the drive the offending vehicle at the time of the alleged offence. How would this defencce stand up in court do you think?
Thanks,

Alleged Offence: s.172 'Failing to provide information as to the identity of a driver'
Your road traffic offence question: Greetings,
I have received a summons for an alleged speeding offence and for subsequently failing to provide info as to the driver at the time of the offence.
Upon receiving a reminder NIP (I did not receive the first NIP) I returned the form along with a cover letter stating that I was not the diver at the time of the offence and that despite reasonable checks I was not able to identify the driver. I provided in this cover note a list of persons (or organisations for which people work for) who may have had access to my keys/vehicle on the day of the offence and the result of enquiries I had made with these persons.
This letter however, does not appear to have arrived with police and thusly I am summonsed.
My queries are these: to what extent will the apparent non-receipt of my letter (and reminder NIP form) by the police prejudice my statutory defence of using reasonable diligence? Given that as far as the police are concerned I have not even attempted to furnish them with the required information will I be precluded from attempting the defence? What is the likelihood that the court will accept that I responded to the NIP notwithstanding the apparent non receipt by police?
I am able to provide a copy of the letter to the court and am in the process of re-sending this letter to police.
Sincere thanks for any assistance you're able to provide.

Alleged Offence: Speeding
Your road traffic offence question: Hi Emma,
I received a NIP for a speeding (x mph zone) at the time my partner was using the car (my company car), he said the car was being driven by a friend his at the time of the offence so he completed the nip and sent it off. I have now received a phone call from the police the other day saying they could not find the locate/contact the person whos details have been provided on he nip and they need me to provide the correct details. I advised on the phone that nip was completed by my partner and they should spk to him, but the police said no they have to speak/deal with me on the matter, i was busy at the time so i told him i would call him back later, which i did but didnt get through so left a message asking him to call me back. I now have received the email from the officer dealing with my case:-
RESTRICTED - INVESTIGATION
Dear  xxxxx,
Further to our telephone conversation today, we require the correct address and contact details of the driver you nominated as a result of the speeding offence committed on the x 2010 by the vehicle leased to yourself.
Our enquiries have revealed that as part of the terms and agreement of your use of the vehicle index xxxxxx you are able to let other people use the vehicle so long as they are in possession of a UK driving licence. Our enquiries have revealed that the person you nominated does not have a driving licence, does not exist or you have not furnished the correct details.
It is necessary to furnish the correct details of a nominated driver under the Road Traffic Act or further offences may be considered for investigation, please contact me with the correct details of the driver at the time of the offence.
Please be aware that I have contacted the company lease team today to advise them of our enquiries.
I look forward to your response,
Now if i provide them with my partners details who had the car at the time would that get me into more trouble? (i didnt lie the first time i just didnt know/think that i was responsible to ensure the details were correct) the police should sort it out with partner who was driving when the alleged offence was committed.

Alleged Offence: speeding
Your road traffic offence question: i lent the car to a group of freinds who were setting up there car boot stall and a camera flashed someone doing 37mph in a 30 mph zone i asked for the photographic evidence but it was no use i could not make out anything let alone the driver or passengers i told this to the police and they have sent me a letter saying i will receive a court summons in due course what else could i have done i dont know who was driving at the time i wasnt even in the same county.

Alleged Offence: SPEEDING AND FAILING TO PROVIDE DRIVER DETAILS
Your road traffic offence question: I have been summonsed with both of the above offences. I provided details of my cousin who was driving. The police could not contact her, or at least didnt hear anything back from her. So i have been summonsed for both. I dont understand why or how they can do that? After all i provided the details and if they dont know it was me didving how can they summons for the speeding aswell?

Our company has received a summons for failing ot name the driver.  

Is it worth defending this.

We have a diary on reception that the cars are initially booked to those needing them- we have 5 pool cars staff take for meetings.

Then the keys are in a locked box in a drawer.  When the perosn who has requested the car needs it they ask the receptionist for the key and they then tick the diary and fill in a car log with the make, reg, time in and out and their name.

On this occasion the driver hasn't entered any information.

Alleged Offence: Failing to provide driver identity
Your road traffic offence question: The first I knew of this was when I received a notice in the post stating that I had not responded to an earlier notice that I did not receive so approx 45 days after the alleged offence. I asked for the photo evidence and calibration cert and was sent a small photo that did not clarify for me who the driver was and the calibration cert which was current. I eventually narrowed it down to either myself of my brother who look very similar. I had very little time to respond as the 28 day clock was ticking so I asked for more time to research the matter as I thought it was my brother but he claimed it was not. The matter was then passed immediately to the CPS for court proceedings. In the documents to the court a different photo was submitted in evidence. In this photo it showed the speed and the distance and also the presence of another vehicle next to the one registered to me. The distance was 178m. The calibration cert showed that the camera was only calibrated to 100m. My question is: was it competent for the police to issue the notice in the first place when the speed of 36mph was recorded at such a long distance away? If not then the notice should never have been issued as the speed could be inaccurate at that range and could have been interfered with by the other vehicle. In any event there is president for providing time extensions ( this was offered to my wife recently) and it seems unjust to prejudice my position by not offering me the same advantage?

Alleged Offence: notice of intended prosecution
Your road traffic offence question: hi i got this on the x i have asked for a photo and recieved it as it is unclear to who was riding the motorbike i sent another letter saying so and that it could have been a aquaintence riding not me but i was unable to give a name or an address, i have just recieved a letter back dated x thay are refering it to court can i now admit guilt and send in the notice of intended prosecution or will it now go to court, if i carnt give a name or address will i stil be prosecuted in court.

Recently I received a Nip as my car had caught in x photographed by a static Gatco camera doing 36 in a 30 limit. My partner had borrowed the car to drive to her work in x. I read the NIP carefully and looked at your site and read all the cases listed. My issues

1.       I was reluctant to sign the NIP as I was not travelling with her at the time.

2.       She is part of a car share scheme.

3.       I did not want to assist the Police prosecute her

4.       I did not want to provide a witness statement against her, especially as I was not a passenger in the car.

5.        I was very unhappy that the evidence from the cameras was so arbitrary. How you judge the actual position of the car in the boxes from 48 feet behind the car beats me especially as the actual speed was marginal to “threshold speed”. The registration could not be read on any of the photos required an enhancement. Also the GOSAFE could not give the calibration as cameras units are rotated for calibration. They stated that they cannot say which camera took the picture.

6.       All the high profile cases centred on the unsigned form/verbal communications and mainly with drivers using the loophole of not signing the form( inadmissible as evidence in court)

 

I returned the NIP completing the driver details etc dated but unsigned within 28 days, with a signed covering letter stating why I could not sign the letter as I was not a passenger in the car. My letter included my partners details requesting that they write to her.

 

7.       It is clear than the position of the Unsigned Form was summarised in the Idris Francisv DPP March 2004 which stated in summary

• They stated that Yorke/Maudsley won their appeals and the judgement was a correct ruling as both drivers should have been cautioned that they faced prosecution if they did not sign the NIP. They would have been successfully prosecuted for not signing the NIP under S172(4) of the RTOC 1988. They ruled that the Chief Constable was acting reasonably in expecting the driver/registered owner to sign the form. As drivers, they could have written to the Court and their signed letter would have been admissible.
• They upheld the successful appeal in Bloomfield as they agreed that Oral evidence was inadmissible but drivers did not have to use the NIP in their reply. A letter was admissible.
• They accepted in Pickford that an unsigned NIP could be accepted as a voluntary confession where the driver and registered owner were one and the same.
• They ruled in DPP v Jones that the successful appeal was incorrect, which I had hoped to use as my defence. They ruled that the  S172 (4)allows the driver to write to the Police but NOT the registered keeper. The Act requires the registered keeper to sign the NIP and cannot send a signed letter to the Police. The only part of their judgement which might afford me a defence is that the Police/GoStop failed to ask me to sign the NIP in 5 subsequent letters. They failed to caution me that a failure to sign the NIP would make me liable to prosecution under S 172(4). They repeated that I had failed to provide the drivers details, not asking me to sign the NIP. In Idris Francis, I believe that the clear warning from the Police that the form must be signed by the registered keeper was fundamental to the judgement.

8.       I believe that the Idris Francis judgement closed the perceived loopholes for the driver and registered keeper. I am not aware of any more recent judgements.

9.       As a final thought, why do the Police require a signed NIP when the registered owner has not committed an offence under RTOC1988 and has supplied the details of the driver? I do not understand why the Police do not send the NIP to the driver and stop the registered keeper having to incriminate the driver. I suspect that they need the keeper to finger the driver for a successful prosecution!!!!

 

I await my summons but I think the Idris Francis in the High Court should be posted on your site as a definitive Case Law. In the light of current withdrawals by Swindon on the basis that that static cameras have not added to road safety, the final judgement in IF in the European Courts is more questionable. Their judgement was based on the principle of the greater good( the loss of human rights was more than balanced by the Governments desire to reduce road deaths)Today they might have won their appeal.

speeding 40 in a 30
Your road traffic offence question: Hi, my partner has recently received a letter with regards to a speeding offence and asking to nominate the driver at the time of offence. My partner is one of several people who have constant use of the vehicle which is registered in his name. Having returned a letter advising that he does not genuinely know who was driving the car at the time and to request a copy of the photo taken from speed camara in question. Photos were sent with no clear picture of the driver and a letter attached advising if no-one is named the onus and blame falls on the registered owner of the vehicle. Is this the case? My partner has time sheets from work to prove he was working at the time of the offence which he uses a differant vehicle for ( works van ) . Will he still be presecuted for an offence he has not commited. Would it be worth asking for the calibouration of the camara? Thanks in advance for your reply

fail to provide name and address
Your road traffic offence question: I was supposedly caught speeding by average speed cameras in x a year ago. I received a letter saying that I had not responded to a NIP within 14 days but I didn't receive one to respond to! I wrote back and they sent a NIP sixty days later, I contend that the police failed to serve notices within 14 days so I wrote back asking for advice and telling them of these facts. I wrote to the police and CPS but received only letters, nothing constructive. In the end, eight months after the alleged offence I received a summons for failing to supply the name and address of the user of the vehicle. I again wrote but to no avail. The matter was adjourned a few times, I wrote and told the Magistrates that I could not attend at x court because of the 400 mile return journey and that I suffer from painful spinal arthritis. I enclosed all the letters that I had written regarding the failure to supply an NIP for their information and stated that I would accept their decision, assuming that they would read the letters. It now appears that I have been convicted and fined over £600.00 with 6 penalty points. I spoke to the legal advisor who had been in court that day, she told me that the prosecution were allowed to speak and present the case but the magistrates did not even read my letters. I thought that they would hear all the evidence including my letters but apparently, because I was not there, they ignored all my letters and only listened to the prosecution. I was not aware of this or would have made efforts to attend. I wish to appeal the conviction and this time I will attend and make sure that my side is put. What do you think my chances of success are? I have never been in trouble for even the slightest matter before and I am in my sixties with an unblemished record. All I was trying to do was prove that the police had failed to serve NIP's.
Thank you

Running a red light
Your road traffic offence question: We received a fine approx 7 days ago for this offence . Which was dated x
also as i am the registered keeper they have my Middle wrong they have put D and it is P as you can image we were shocked as we couldnt put down the driver so my partner put her self down as the driver on the day but really not sure we both are named drivers
Any advice would be greatfully received

doing 41 mph in a30mph zone
Your road traffic offence question: i donot dispute this offence,but my q is this .on the x2010 i recevied a notice for this traffic offence,i filled it in on the same day ,put a first class stamp on it and sent it back.however on the x.2010i received aletter from the royal mail inside was the traffic offence notice that i had sent 4 weeks earlier,on the envelope royal mail had ticked the refused box that was on the x2010(the stamp had fallen off)my question is royal mail only sent it back out to me on thx2010 and i received it on the x2010 thats 4 weeks .because of this it has taken me over the 28 day deadline to pay the fine,are they liable?

Speeding 40 in a 30
Your road traffic offence question: I received a ticket in a works pool car, they sent the notice within 9 days,
work then requested evidence which we received, I was then identified and conformation was sent. This was in x, I then received nothing to my home address, until this a letter was received by work about not identifying the driver, basically saying they never received the letter. Is their any way this can be used to my advantage? This will put me on 9 points within 3 years, since working for this company, I'm currently on 6. Thank you.

I have had a NIP reminder sent to my previous address. My driving licence has been registered in my current address since long before the NIP was originally issued, but I made the mistake of assuming that the log book would have been updated. Anyway it is long past the 28 days to respond, but it says that the points will go on my licence not on the log book, so surely the police should have used my registration number and name to check the address of my licence with the DVLA. As I said my licence is upto date in my current address and obviously it has my name and registration on it so I cant see why they dint use it. Would 14-28 days have been deemed a reasonable amount of time for the police to do this?

Does this give a me a defense in court - I'm not gonna deny it was me driving because it is only ever me who drives my car. My previous address where the log book was registered, is still my parents house, so I'm assuming that the courts wont believe that the post wasn't forwarded to me. My parents are getting on a bit (late 70's) and tend to throw anything out that is not addressed to them but I was staying over when the reminder came and I saw the envelope with my name on it. Does the period of time between the speeding incident and me recivieng the reminder make the charge invalide or is it still likely that I will get a huge fine and points on my licence.

By the way - I was doing 36 in a 30 zone, in an industrial area with no road speed signs and no sign saying this is a speed watch area. This is supposed to be about public safet but the police have been hiding along this road for the last 5 years and no traffic calming measures have been put in place or speed signs.

I was sent 2 speeding offence notices of prosecuton last year, I called the rleveant police department and told them on 1 of the days I was working and it could not have been me speeding at the time in question and also that i used my vehicle to attend work on that specific day, i also told them they could check cctv to cofirm I was at work and so was my car. I asked for photographs of the vehicle to see if i could identify the driver however on both offences the driver could not be seen Time and time again i wrote to the police and called them to assist them with this matter, I have been driving for over 10 years and was shocked 2 speeding offences were commited in a short space of 16 days. I speciically asked the person on the phone when I called if i should send the form back they said no as if you send the form back then we will give you the points and fine, i was told to provide evidence of being at work which I did and I was asked for photographs of my vehicle which i also provided. I sent several correspondance to the police and also received several correspondance back from them not at any point did they ask me to fill the form and send it back, any instructions they gave me I followed. I was told if i could provide evidence of being at work I would not be prosecuted once I provided the evidence I did not hear fro them for 3 months or so and then i was summoned to court for the offence of not providing the driver details, I tried to get a solicitor but was told I would have to pay £1000 I went to court and represented myself, I have never felt so humiliated and upset after a year of stress for no crime of my own i was found guilty of not providing driver details and am facing 12 points and a fine and court costs and disqualification the magistrates did not accept my defence of reasnable diligence, it was the most traumatising experience the prosecution was et on humiliating me and making me look like a liar I made every possible effort to assist the police yet this is what I get in the end what kind of justice is this????!!!! I am considering appealing after sentencing on the 12 July 2010, from what I know the appeals will go to crown court I have been tod i will have to pay up to £1000 to fight this but I have to fight it I have not done anything wrong and tried my best to identify the driver I have witnesses and proof of both occasions and i was not driving. What can you suggest I have been told it is harder to convince a crown court judge? Is legal aid a possibility in the interest of justice?
Its is just unbelievable people driving with no lisence and no insurance get of lighter then this this punishment is similar to those who take the police on high speed chases endangering lives, yet I have no criminal record no points i work for the comminuity yet this is what happens to me, totally heart breaking.

About 3 years ago I received a request for information under section 172  road traffic act. I recalled the journey and speed of travel and was able to admit the offence and that I was the driver.  Unfortunately it has just happened again, but this time neither my wife nor I can be sure which one of us was driving.  The NIP does not state which direction we were travelling but we do often travel that road at about the stated time and day. Normally I would just accept the facts as presented and elect for fixed penalty, but this time I really do not know whether I was the driver or not. I do not want to risk prosecution for not supplying the information demanded, and there is no place on the form to explain. How do I comply with section 172 under these circumstances?

I have received a NIP for doing 36mph in a 30mph zone.  

I wrote as follows to Wiltshire Constabulary:
"Dear Sir

I am the registered keeper of xx07xxx.   

My mother died in x on x 2010.  My wife and I drove to x from our home in Surrey on x to start making various arrangements.  We visited the Hospice , then the Funeral Director in x, then the Registrar, then back to the Funeral Director, and then on to my mother's former home in x.  My wife and I shared the driving throughout the day.   

As I am sure you will appreciate, it was a traumatic day in an unfamiliar location and we do not know who was driving at the time of the alleged offence.  The photograph on your website is inconclusive.  Please provide any further photographic evidence which you may have.   

Thank you.

Yours sincerely..."

The response was:
"x

I note your comments and offer my sincere condolences for your loss. I have accordingly re-checked the film but there is no
view of the driver as the photograph has been taken from the rear of the vehicle.  Unfortunately, the cameras used by the Partnership are not designed to obtain clear views of drivers but primarily to identify the vehicle and registration mark.  These photographs are available to view on-line by following the instructions on the reverse of the notice sent to you. The website
also has information relating to the site which may be of use to you.

You are advised that it is the responsibility of the registered keeper of the vehicle to provide the identity of the driver at the
time of the offence.

Section 172(2) of the Road Traffic Act, 1988 places a duty, on any person required to do so, to provide such information
in that persons possession as may lead to the identity of the driver of a vehicle where that driver is alleged to be guilty of an
offence. Section 172(3) goes on to state that a person who fails to comply with a requirement under subsection (2) shall be
guilty of an offence.

Where the person who fails to supply the information required on a Section 172 form is an individual, the penalty on
conviction is similar to that that would be incurred for the original traffic offence, i.e. a fine, not exceeding £1,000, and
endorsement of the driving licence with six penalty points. The only defence is where the person of whom the
information was requested is able to show that they could not, with reasonable diligence ascertain the drivers
identity. The question of what amounts toreasonable diligence will be considered on its merits by the adjudicating court
in each case.  

If you are unable to ascertain the identity of the driver of the vehicle at the time of the alleged offence, this matter will be
referred for process by way of a summons for failing to provide information as to the identity of a driver. In such
circumstances it will then be for the court to give consideration to any reasons that there may be for not being able to
identify the driver and to adjudicate accordingly.


Regards..."

My question is:
if my wife and I genuinely cannot remember who was driving (because "it was a traumatic day in an unfamiliar location"), is it worth defending on that basis or does "reasonable diligence" suggest that we MUST be able to work it out?  (This is nevertheless rather a circular argument if, due to the circumstances of the day, we in fact cannot remember.)

Many thanks!

An NIP was received in the post approx 10-13 days after an alleged speeding offence - (37mph in 30mph limit). The vehicle concerned was a leased vehicle with the hirer address based in x at my partner's previous marital home. The Leasing Company had on their file a second address in x ( my home) for their financial correspondence to reach my partner, but this is not his private address, it was only for the accounts etc to be dealt with whilst the divorce was proceeding. The original NIP was sent to the Leasing company, who sent correspondence to my partner at the address in x stating they had received the NIP and had informed the Police of his details. The police then sent another NIP to my address for him, which was subsequently queried - since so much time had now passed since the date of the alleged offense, and as both of us drive the vehicle at numerous times of day or night we requested photographic evidence to help us identify the driver. We did't receive any response and had to write 3 times stressing our urgency to settle the matter- all with certificate of posting - before we actually received any response. The correspondence from the police was sent via "signature required" and arrived sometime during a week when no-one was at the house to take any post, so a card was left. The letter was then collected from the Delivery Office by me - and noted that it was addressed to my partner, who was still away. He returned on the following Tuesday, and a response letter was sent to the police explaining that the letter and photo did not reach him within an allowed time frame to respond, but nonetheless the response was that the photo did not assist us in identifying the driver, but that it was either one of the two of us, and the police were provided with both names. We also explained that there was no provision on the 172 form where a true fact could be entered - so it could not be filled in correctly and returned :- part 1 had to be filled in only if "you were the driver" - we checked diaries, mobile phone records, our own memories and dissected the whereabouts to work out who could have been driving and genuinely could not recall who took that leg of the driving, so that could not be filled honestly. Part 2 has to be filled in if you are not the driver but (1) either know who was (again this doesn't provide for a possibility only an absolute so an accurate answer cannot be given here either ), (2) represent a hire company ( he does not ) or (3) are not the owner/keeper and know who is etc - the same problem arises, which also is not applicable in this case,. Without knowing for sure who the driver is there is no where on the form that accurately allows for the form to be completed correctly. We informed the police of this in the last letter, and asked for any other assistance whilst stillproviding them with the possible driver's names, and discovered 3 days later that they had sent out a letter the same day as our response telling us it would now go to Court. We read the leafelt included which stated the magistrates would hear evidence - so we assumed that would include our evidence. We attended court expecting to be able to make the case and explain the circumstances but were not allowed to do so. The case was then set for trial for hearing, which is on Wednesday x . We will be going to court but need any advice even at tis late stage that might help us get the point across to the Magistrates that we really have given every effort to recall the driver and that the form for 172 doesn't have any area to complete that either doesn't incriminate an otherwise potentially innocent person or force you to enter something wrongly. We know the speeding was only nominal and would have probably been dealt with by a fine and 3 points, and it would obviously be easier just to make up someone's name to take the points - but that isn't truthful either. We had thought that the letter sent to the police might then produce a further NIP to myself to provide details - but that hasn't happened. Please help if you can. Thank you.

I was prosecuted for a speeding offence in my absence in x 2009. I did not receive a notice of the offence from the police or the subsequent prosecution in a magistrates court. I was fined and court costs were awarded against me in my absence. I only found out in x 2009 of the offence and court proceedings after I received a phone call from the Fines office of the court where the officer stated that they could not get hold of my address but I have ben issued with a Further Steps notice. I was advised to make a statutory declaration which I did. On receipt of was told I will be told of the next steps. After this I heard no more from the courts until I received a bailiffs Distress Warrant last week stating that I owe monies due to a prosecution against me. I then contacted the Warrant Office of the court when I was told that following the first statutory declaration I made I was sent offence notice again and following that notice to prosecute and subsequently summons for court hearing that happened on x 2009. This time again, like before, I did not receive any communication. When I told this to the Warrant Office I was advised by their legal department that I should pay amount outstanding and reopen the case as I am not allowed to make a statutory declaration. I have gone with this advice and paid the amount outstanding but I think that there is some mistake in sending me the correspondence from the police and the courts. However, I thought that if there is anything wrong with my address that this would have been resolved when I made the statutory declaration previously.
It is strange that I did not receive anything from the DVLA as well. I want to reopen the case. I am not contesting the offence but because I think that there is some disconnect and I have been punished unfairly I want to take this step.
One thing that is causing me concern is that the number plate of my vehicle that is subject of this speeding was stolen in x 2005 and it may be that someone else has registered another vehicle in DVLA using my number plate and that this is leading to the problems of mail not being sent to the right address. Or there is some issues with Royal Mail. It is unlikely that this is the case as no other post delivered to our house has gone astray and it is only the post related to this offence and the subsequent proceedings. However all the offices are saying that they have been sending the post to the right address.
But as this has happened twice I seem to be trapped and feel that there is no recourse. I am highly suspicious that something is wrong somewhere but I feel frustrated that it is difficult to prove. Most likely it appears that the address that is transcribed from DVLA when the process atarts is wrong and that then gets transcribed in subsequent correspondence. I am going to ask for the copies of all correspondence from the police and the courts. Any advice on this will be highly appreciated.
Thanks.

I moved house 6 years ago but still had a paper license, I recently applied for a new license (photo card) and it came back with 6 points. Obviously as I moved house I did not receive the letters, but I was not driving and the vehicle identified is not mine, I did ring the court and they said to write a letter ( a statutory declaration) I just wanted to know what this letter should include? Thank u

In 2007 I received a form from x police asking for the name of a driver with reference to an alleged speeding offence in my vehicle. I provided the driver details of my a friend who had borrowed the car (and was covered by my insurance). I left the country a few months later and have lived in x ever since. Today a Bailiff turned up at my daughters house in England (where I have never lived) with a distress warrant for £710 for failing to provide driver details, the bailiff also informed my daughter that if I set foot in England I will be arrested. Surely they cannot do this? What action can I take from Israel? I rang the bailiffs who were most unhelpful, just told me to pay up, but I did obtain the Reference number of the case. Thank you

HI I have received an NIP for the above car is registered to my company and only my wife and I generally drive it. the photo is of the rear of the car and we cannot see the driver should I send the NIP back saying the company does not know who was driving advice please I have a clean licence and do 60-70K miles per year last offence 2001.

As registered owned of the vechicle, I got two NIP's for sppeding recently, with the offences 5 minutes apart.
I believe that my wife was driving at the time and have written to the Ticket Office and told them.
They have now written to her, and she blames and has told them that it was me....
Now what? Do I just admit it?

A red light offence occurred and as the vehicle it was registered to was a
company vehicle and no one would lay claim to have been driving at this
time, a request was made for photographic evidence.

Unfortunately the evidence was inconclusive so further correspondence was
forwarded requesting guidance on what the next course of action was.

To this we received no reply and foolishly thought that was the end of the
matter. Then a summons was received notifying my husband xx of an
intention to prosecute for with holding the name of the driver.

The paper work was completed and a plea of not guilty was lodged. In the
statement to court it was made quite clear that it had never been the
intention to with hold any information, we simply did not know what the next
step was. We also high lighted the fact that closer control is now in force
over who is driving company vehicles when.

This was duly sent off and another summons was received for the x re
the not guilty plea.

By this point I was beyond frustration and anger at how this situation was
proceeding and sent another very heated letter stating that we wish we had
of just lied in the beginnig and said one of us as The Directors of the
company was driving to save all the stress, and we wished now wish to admit
liability to the original driving offence.

Another summons was received changing the date to the 8th June. We were
under the impression this was in relation to the red light offence.

When my husband arrived at court, he realised it was for the with holding
offence and was advised by the prosecutor to plead guilty as if he did not
and was found guilty it would be far more serious. This has now resulted in
6 points on his licence and a £500 fine!As he has 6 points on his license
he is sailing very close to disqualification.

My husband drives for a living (he is a x) and can not afford to
carry points for offences he did not committ.

I would be grateful of your advice as to whether we have any way to turn.

I wish I had of just put my details in right back at the beginning!

Not sure who was driving both me and wife use car. Asked for photo evidence but police refused.
The speedo on my car recently started to stick and jump. sometimes it sticks at lower speed than shown by TomTom. Have got photo evidence of this sticking.
We suspect this may be cause of offence. Is this a valid defence if not speeding intentionally or should one of us admit liability ?

Is s 172 Road Traffic Acts 1988 offences triable eitherway?

My son has been issued with a notice under the above act as follows:
Being the keeper/driver of a MOTORCYCLE 'PIT BIKE'
Registered number Unregistered the driver of which alleged to have been made guilty of an offence to which section 172(1)Road Traffic Act 1988 as amended applied, in CHURCHILL WAY, BURTON LAIMTER at the time of: 13.45 on the: 2ND day of : JUNE 2010,
and has been required to state the name and address of the driver of that vehicle on the occasion mentioned.. Failure to comply etc.
My son had already sold this bike before the 2nd June, to someone else. It is not a registered vehicle and I am wondering exactly how he stands in relation to this. He knows who was riding it, but is just 17, birthday today, and the person in quetion is older than him and he is frightened of him and fears that if he tells the police who it is he will in his words "get his head kicked in". The police brought the form by hand to the door, but at no time has he been spoken to by a policeman/woman only a CSO. He is feeling rather frightened by the thought that he could be beaten up by the person in question and very intimidated by the police. I am wondering exactly what his rights are in this case and whether he could in fact incur a £1,000 fine and 6 points on his licence.
Thank you very much for taking the time to look at this, and I am most grateful for your time.
Many thanks

my father and i was in a company van that has been assigned to us. we recieved a nip form that our company forwarded to us to complete. the problem is that as the offence was all most over 2 weeks ago we can not remember who was driving at that time. can the met police provide photograph evidence to assist us so whoever was at fault can accept the penalty?

We got a notice of intended prosecution of red light offence. My wife and I were in the car. We can't remember who was driving at the time and we don't think we crossed a red traffic light.We were stressed as my wife's father had been admitted to hospital with a suspected heart attack. However, we were driving carefully as we had a newborn and a toddler in the car.
We would be grateful for your advice. We both have a clean driving licence.
Many thanks.

l have received N.I.P to which l responded to by stating that l dont know who was driving and my partner and l both drive the car!l got a call from ticket office telling me to look on line tgo identify driver and they have sent me neform out with deadline 8th June 2010.
Any advice?

I have notice of penalty to which I have not yet responded

On the morning in question, more than one person was driving my vehcle - the time of alleged offence it could have been one of two persons. The notice does not advise in which direction the vehicle was travelling. Am I in order to ask for photo evidence to identify who was driving and ask in which direction vehicle was travelling?

What happens if photo then unclear & I am genuinely unsure who was drving?
Thanks

A speeding offence which happened July last year has been winding me up for some time.
A speeding fine was posted through the door, the incident happened when we were on holiday south of the UK. We had to take the information as face value as the incident was too far away to investigate whether the road for its legitimate speed limit, road layout etc. once we returned home.
As it stood, my wife and i could not remember exactly who was driving on the day of offence as we rotated on driving duties while touring the area.
As such, we requested photographic evidence which proved useless because it was back of the car.
I then phoned the speeding company to determine how we find out the driver of the offence, to which i was told the owner of the car must always know who the driver is at all times regardless and could penalise the both of us. The fear of 6 points and £1000 plus extra court costs scared the both of us so one of us took the flak of 3 points and £60.
The first question is would we have had a case to argue in court in the first place to determine the driver and second question is it still possible to appeal to look further into it?
Many thanks

Failing to name the driver - have requested photo evidence and calib cert, the police responded to the calibration issue by saying they didnt need one under the code of practise, however didnt address the photo evidence, as they told me i was speeding between two points a mile and a half apart i wanted to see where etc , should they have produced the photo evidence for me before issuing the summons ?

if i refuse to answer to drivers identity will this not get me points

I have got an NIP for contravening a red light. I was wondering if I could say that I was not the driver,and my friend abroad who was visiting me drove the car. If I could do that will I still have to go to the court.
Thank you

Is it right that my husband (registered owner) has been convicted (fined and 6 points) for Sect 172 despite him asking for photographic evidence (sent to us on x) prior to the 28 day rule(NIP dated x) and writing back stating that the identity of the driver WAS either my husband or I, again prior to the end of the 28 day rule (letter sent x). Coupled with the fact that we were able to eventually work out that it was me driving and I sent a letter of admission (0n x prior to adjourned court case on x), pleading guilty by post to the original offence of Failing to comply to a road traffic signal. I explained that I was able to do this through finding out that a friend’s text message memory was greater than expected and seeing a text triggered my memory for that particular journey.
I should also add that the original N.I.P. states in writing that the penalty for Sect 172 is up to £1,000.00 fine and ONLY 3 (not 6)POINTS? Despite this they continued with several adjournments and then convicted my husband of Sect 172(£525 fine 6 POINTS).

Are companies obligated to identify the driver when the police photos cannot and when the company cannot specify with certainty who was driving??

if i say im the driver on the part1 of section 172 form does this mean i am self incriminating myself for the offence & stopping my defence, as i do not know who was driving the vehicle at time & date of offence as it is so long ago

The alleged offence was at 10 PM at night and as such the 2 photographs received fails to identify the driver of the vehicle. The windscreen in the car is totally black and no amount of zooming in can identify the driver, the only clear thing in the whole photo is the number plate with the car not being identifiable either. I was travelling back from London at the time with 2 other people in the car and we split the journey in several legs. I genuinely cannot remember who was driving at the time of the alleged offence. I was wondering do I have a defence to the offence and if so how do I go about it ?

How does the law stand when the situation is this.
I work for a company and on the day in question we took both our vans to the same job.

both our vans are the same in colour as well,but also the registration of each van is y, x and as myself or the other driver cannot remember which van we used what happens next?

My boss put my name down as the driver but she has no record written that it was me she just thought it was me no doubt as the other driver was her son that helped her descision!How does the law stand on this?as she can say who was driving the vans but not 100% sure who was in what van.

Dear Emma, this is on behalf of my daughter who suffers from medical conditions.

The police photographs do not show the driver, but she has written stating she is the registered owner but cannot recall who was driving as her Husband  also uses the car. They both work within half mile of each other and depending on eithers work pattern it could have been either of them driving. She has informed the police that it is probably, rather than possible, one of them. But having checked diaries etc neither of them can recall which one may have been driving.

My daughter had a NIP’s but now the police have sent a NIP’s to her husband!

The NIP’s states going thru a red light.

My daugther is reluctant to say it was either of them as naming the wrong person is an offence in itself.

This is not about the fine or points its about my daughters fear of perjury (and nowher husband finds himself in the same position

Can you advise on this please

Hi, I have been summoned to court for Failiure to stop at a Red Light, and Failure to Supply Information.
On the date in last December I am unsure who was driving (there are 4 of us on the insurance, and it is a busy A road). The photograph is unclear. None of the others will admit to the driving. I have written to Sussex police, and provided them the others names and addresses, and insurance details, but they are now prosecuting me for both offences.
Please can you advise?

Both my parents and myself drive my car.
The road the speed camera photographed my car on is very close to my home. It is the street the local shops are on and where we buy bread almost everyday. My parents use my car as it is parked on the street and is quicker for them if just popping down the shops than getting their cars out of the garden. I have viewed photos on line but they were no help. Asked police for copies of photos to see if we could see who was driving better. I have now been told I am going to be taken to court. We have tried to remember who had the car at the time but can't. Don't we get a time period to try and assess who it was? I filled in part 5 and signed part 6. Was I wrong to sign part 6 as I have now been told the matter will go to court. We did not get copies of the photos.

I provided my info in reply to an initial charge along with a letter detailing why it could not have been me at the time shown on the photo. I did pass the point of the alleged offence over 2 hours later but the CPS insist that if I claim it was not me then I did NOT provide info and must therefore plead guilty.
This in my opinion would be perjury?
I have to attend a hearing at 11.00 am Wed 21-4-2010 in order to plead. how would you advise me.
I signed an oath at the Probate Registry in Liverpool which was timed and therefore could support my claim

I was sent to Identify the Driver I gave the address,police sent the form to him he did not reply because he moved out,this person was employed as a casuael driver at my work place and that was the address which I had,I snt the details in sept police went to check in end of Nov. I have done my best,now they are saying I have not identified the Driver. Can you help please.thank you

The police state that I was driving at 39 m.p.h. in a 30 m.p.h. zone in x, Surrey at 01:02 0n x. The car was a hire car but at that time I was in bed asleep in my house near Lincoln! I have not driven in Surrey for about 15 years and am not in the habit of driving anywhere at one o'clock in the morning being the sad retired teacher that I am.
Any advice will be useful and much appreciated.

What if you never received a nip but only got a court summons?

i got notice sayng i had gone thru a red light, so i filled in my details and sent them back, after 3 months i got a letter saying i did not send my details so im laible for arrest and a fine of 1000pounds,
what can i do?
shuld i sand the stuff again?

I was issued with a notice of intended prosecution for a speeding violation captured by a mobile detection unit. I did not admit liability and did not complete and return the form identifying the driver. I requested photographic evidence. They responded saying they only had a picture of the car and not the driver. Where do I stand? Please advise

I received a letter for an intention to prosecute from Warwickshire Camera Enforcement Unit for driving 59mph in a 50mph zone. I asked for photographic evidence to help me identify the driver. I promptly received a letter stating that there wasn’t such evidence and I needed to supply the name and address of the driver. I wrote to them and stated that I believed it was my step brother who had been here on holiday. Again a swift response advised me that because I had not filled in their form and had written them a letter they would pass a case onto the courts. I called them and they gave me 2 weeks to fill in their form confirming who the driver was. I filled in their form with the name and address of my step brother. They again promptly wrote back stating that they checked and no insurance cover was on my vehicle for my brother on the day of the offence and said if I do not it will result in court proceedings. My argument is the car was taken without my knowledge. Also they are asking for evidence that my brother was in the country such as flight tickets or a stamped passport? I have 10 days to respond from today.

I recieved a NIP in January '10 for speeding (35 in a 30) in Aug '09. I drive a company car and they had problems finding my address (poor record keeping of car provider). I completed and signed this document and posted this 1st class. I then received a court summons for not providing driver details, which I did!

I'd like to ask the following questions - The summons has added 'Thomas' as a middle name and has an incorrect Date of Birth. Is it still valid?
- If they never received the signed NIP how do I plead on the summons as I dont want to go to trial.
- How do I prove I sent the signed NIP?

hi.the works van that i was coming home from work in was caught sprrding by a laser gun .i was one of two drivers allowed to drive the van, but ,we do not know who was driving at the time as we took it in turns to drive but not uniformly.we have asked for photographic evidence ,but when that came it was non-conclusive as it only showed the rear and side of the van.should either one of us admit to driving or risk us both being taken to court? many thanks,

My husband and myself drove the car in that week and we are genuinly unable to awnswer the NIP correctly. What can we write.One more question it is alleged the speed was 17 MPH and the time into the red was 1 Second can there be any discretion?

 

I never received letters of speeding offence there for could not give information,Maybe post strike might have caused it

I am in serious need of a solicitor because I am being tried for failing to provide driver details for a several speeding offences which occured in 2009 and for which I received FP's which all have been paid. However I lost my job and house which resulted in me living on the streets for a while and not getting the summon to appear in court so the court now has prosecuted me for not providing driver details. I recieved a note for an arrest warrant and contacted the Enforcement Officer who gave me a new date for the 26th of March 2010. I went in and the court was adjourned because I said I never received the notice because I was on the streets. My new date is 29th of April 2010. I dont know what to do! Please help!

My wife has twice been sent a form to provide the name of driver for an alleged fail to stop following an accident. However the car was not on the road that night. The person making the allegation has obtained our number as a suitable scapegoat some time later (our car has old dents). Her defense is not covered in the statutory ones, what should she do?

Van registered in the company name.

2 possible drivers on the day in question.

Both vehemently deny driving.

I cannot prove who is lying.

How do I complete the form please??

i had a hire car in my name another guy used it to travel home and back to work a speed camera clocked him speeding i got a speeding ticket sent it back but must have filled it in wrong got another one and gave it to the driver to fill in and return i may have had another ticket same offence and gave it to him again got the summons to appear in court so i got a signed confession of him and posted to the court now i have a letter notice of fine and collection £525 fine fail to drive ID £15 costs & £65 speeding fine what do i do next as i was not the driver of the car at the time of the offence