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Failing to name the driver
Sep 1, 2010
Insurance documents destroyed..
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,
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,
Category: Failing to name the driver
Posted by: patterson
Have you got any points already? If so how many?
If you do not know who was driving at the time of the alleged offence then that should be your response to the request for information. The insurance company will be able to confirm that you were both insured at one stage even if they cannot issue a new certificate so don't worry about that issue.
Concentrate your mind on using reasonable diligence to figure out who was driving at the time. I can help you with this matter. Out of the last 63 cases that we have taken on at this stage only 5 have resulted in a court summons. The police agreed to take no further action in relation to 58 of them.
If you wife is able to back you up and corroborate what you say in relation to the journey in question then you have good prospects of defending this matter.
I charge a fixed fee of £300 plus vat to try and dissuade the police from taking further action.
Come back to me if I can assist further.