s.172 ‘Failing to provide information as to the identity of a driver’
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 driver 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 organizations 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.
You have a defence if you used reasonable diligence to figure out who was driving at the time of the alleged offence.
The police may well have received your letter, but even if they did they would still summons you if you did not provide a definite response as to who was driving at the time of the alleged offence.
If you have received a summons there is no point in writing to the police again – the case is now out of their hands. You face 6 points and a hefty fine if convicted. I can help you with this matter and may well be able to get it withdrawn without the need for a trial.
Come back to me and we can have a chat.