Red Traffic Light Offence

Question:

I have received a Nip from the police dated 10/4/x for the above alleged offence(s) on 7/4/x and the location of the alleged offence. the vehicle in question is owned by me. Along with this Nip is an application for name and address of driver which asks for the full name and address of the driver.

I am unsure who could have been the driver of the vehicle on the date/time of the alleged offence and the only person authorised to drive my car is my partner who sometimes drives me to work in order to use the car.

I have sent the application for name and address of driver form back to the police with my partners details on along with a letter stating I am unsure who could have been driving the vehicle on the date/time of the alleged red traffic light offence. Have I done the right thing? What should my partner do if she also receives an Nip?

As far as I know there is no red traffic light or speed cameras located on this city centre part of the road but was told by a local solicitor that they were aware that there was a camera located on a building higher up.

I have no Idea whether this camera is a red light/speed or a CCTV camera and whether it would be able to identify the driver.

The Nip does not state what exactly the alleged due care offence entailed so how can anyone possibly reply to an alleged offence that they know nothing about?

My partners fully comprehensive insurance policy states that she may also drive another car with the owners permission provided the owner has valid insurance although she is not a named driver on my policy. Is there a risk the police may try to charge for driving without insurance here?

I have held my licence for 10 years and currently have 3 pts on my licence SP30 and have previously had a couple of other sp30’s and 4 pts for a due care offence in x which have all expired. I have a job which entails mostly driving.

My partner has a clean licence.

Would either of our licences be at risk here?

Emma Says:

It all depends on how serious the due care and attention allegation is.

Unfortunately you are not told much at this stage. The police are simply asking you whether or not you admit being the driver – if not you have to name the driver. Your current approach will lead to them accusing you of failing to name the driver if you have given an uncertain response.

You would be able to defend an allegation of failing to name the driver if you can show that you have used reasonable diligence to figure it out. If they do have CCTV then that could show the face of the driver and you should ask to see it to help you work out who was driving.

This will you will avoid the risk of giving the wrong answer or being accused of attempting to pervert the course of justice.

I will be happy to help you with this matter as it develops. Naming the driver is not the same as admitting the offence itself.