Back And Forth Re Naming The Driver

Question:

Hi,

I was asking to go to the camera office to identify the driver. I had telephone conversations and wrote to request this. Then I got a visit at home from local officers on x. I explained to them I would like to visit to identify. They took a note and went away.

Now I have this notice. It states an offence took place on the day the officers visited.

I think they are being unfair. I was willing take the original fine and points but they advised I should be sure who was driving.

Dominic says:

If you know who was driving at the time then you need to name the driver otherwise you get 6 points for failing to supply information.

Have the police come to you because you have a court citation for failing to supply information or they just asking you to name the driver at this point? If you don’t know who was driving then please explain why and I will be able to help further.

Response;

Thanks for getting back to me.

The person on the telephone at the camera office said I should be sure before stating who was driving. This is why I wanted to see the clear images at their office. Those they sent me were not convincing and they said what they have on their screen were very clear. I wrote offering to come in.

The next thing the officers turn up at my door asking me to name the driver. I explained the situation and that I do want to tell them but obviously need to be sure and was trying to arrange a visit. They went away with only that information. No statement from me about anything and nothing signed. This was on x. (the date of the offence according to the latest notice)

I am able to tell you that I am sure it was me and once I saw the clear images I would likely have said so. However it was their mention of ‘not incriminating without being sure’ that made me hesitate.

Is this worth defending? I feel like they are determined to get a fine and endorse rather than allow reasonable diligence.

Dominic Answers;

The photos are often very unhelpful. They are not designed to produce identification evidence and that burden falls on you. If there is no other reasonable alternative to you being the driver then you need to name yourself otherwise you will get 6 points for failing to name the driver.

There is no right not to incriminate yourself and if you are sure it was you then you will get 6 penalty points for failure naming the driver.