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Failing to name the driver
Jun 22, 2010
Request sent to company
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.
Category: Failing to name the driver
Posted by: patterson
If the car is registered to the company you are obliged to keep records of who is driving at any given time. If you don't you will struggle to argue reasonable diligence if you are unable to name the driver. Have you asked for any photo's? If not you should.
Having said that you must always tell the truth and if you don't know the answer you should say so. As you are not the registered keeper you are only obliged to give any information that is within your power to give. You should provide full details for your wife if she was the other potential driver.
We have introduce a new service where we try and dissuade the police from issuing proceedings in these cases by getting involved early. Over the last 6 months we have dissuaded the police from issuing proceedings just over 90% of the time. So it seems to be working well. Its a fixed price of £250 plus vat. Our aim in your case would be to show that it was reasonable not to have kept a record and that you have done your best to figure it out.