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JR Jones Solicitors Birmingham
solicitors Birmingham

Failure to Identify a Driver

When a motor vehicle is involved in an offence, such as contact usspeeding, and is caught by a speed enforcement camera, the owner of the vehicle has an obligation to identify the driver of the vehicle at the time of the offence. The offence is also referred to as ‘failure to nominate’ a driver.

Notice of Intended Prosecution - NIP

A NIP is the form which the registered keeper of the vehicle will receive which asks them to provide the details of who was driving at the time of the alleged offence. It is an offence not to provide these details, punishable by 6 points on your licence and a fine of up to £1000.

What if I don’t know who was driving at the time of the offence?

Simply stating that you do not know who was driving the vehicle is not enough to end the Police enquiry. If you genuinely do not know, you will need to show that you have exercised reasonable diligence in trying to find out who was driving. A first step would be to request a copy of the enforcement camera photo.

Similarly, owners of company vehicles cannot get away with saying that it is a pool vehicle and therefore you have no way of knowing who was driving it at the time. The rules for company vehicles are that records must be kept showing who was driving the vehicle when, effectively an ongoing log has to be kept.

If you are faced with a situation where you do not know who was driving a vehicle involved in an offence, contact us and we will advise you on the best course of action.

Passing penalty points to a third party

Many people may be tempted to pass penalty points off to a spouse or other third party. This can be to avoid hikes in insurance costs or because they already have points and want to avoid a disqualification under the totting up rules.

Misleading the Police, for example by passing the points on to a spouse, may lead to a more serious prosecution for perverting the course of public justice. Indeed one high profile politician and his wife were jailed for exactly this offence.

Do I require a solicitor for a motoring offence?

Some people choose to represent themselves in Court to try and save money on legal fees. This is almost always a mistake. The Courts have heard every excuse that exists for motoring offences and will not be impressed by someone with little or no understanding of the law trying to defend themselves.

A specialist motoring offences solicitor with knowledge and experience of the law will offer you the best chance of achieving a favourable outcome in your case.

Contact us to speak to one of our solicitors who will assess your case and advise you on a possible defence.