My husband and myself drove the car in that week and we are genuinely unable to answer 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?
If you are unable to figure out who was driving at the time of the alleged offence and you are both covered by insurance then you need to say that to the police.
You will have a defence to failing to name the driver if you can show that you have used reasonable diligence to figure it out. You have to name both of you on the response as potential drivers. Get the photo evidence if you haven’t seen it yet.
If you get summons for failing to name the driver you are at risk of 6 points and a hefty fine.
Have either of you got points on your licence already?
There is no discretion regarding crossing the line when the light is on red. its even an offence to cross when it is on amber – but you can defend that if it wasn’t safe to stop.