My fiancé is the registered keeper of an Audi a4 which was reported for not leaving her details at an accident (very minor was a scratch on the vehicle in question) now I was driving the car at the time with no licence. My fiancé was at home in bed asleep.
The police served her with an NIP she advised them she was asleep in bed with my daughter they asked if any body had access to the keys she stated only my self and my partner.
So I went to the station for questioning with a solicitor after the solicitor heard the evidence he advised me to say no comment through out the whole interview which I did under guidance as he stated they couldn’t prove I was driving the vehicle.
They have now served my fiancé with an S172 – to say who was driving the car to which she has stated she doesn’t 100% know for certain – she has asked me on numerous occasions if I was driving the car.
She has made other inquiries but has advised the police she cant state 100% who the driver was with out fabricating something and giving my name and she stated if she does that it will not be 100% true statement and I wanted to know where she stands with out being able to tell them 100% who the driver was?
Can she claim or if she shows she has done all she can to find out but to no avail what will be the situation.
She needs to explain that she was asleep in bed at the time, but also indicate that it was most likely you.
Otherwise she will get summons for failing to name driver and she will get 6 points and a very big fine.
She needs to provide your name and full contact details. Alternatively she can chose to fail to provide the information and take the points and fine that follow.
She will not have a defense to failing to name the driver because she will not be able to say she has used reasonable diligence to figure it out if the only reasonable explanation is that it was you driving at the time.
You risk getting her into trouble for attempting to pervert the course of justice with you if the police get irritated by her response and think that you are colluding. Its up to you but you are going to get her into a lot of trouble if you don’t come clean.