Notice of Intended Prosecution - Who was Driving

[Bulldogmad]

Hi All
I have received a NIP from when we were on holiday. As both my partner and I were driving on the day in question we cannot agree who was driving at the time of the alleged offence. We have looked at maps of the area and still cannot decide who was driving. I have phoned the Ticket Office and they advised that the photographic evidence they have does not show who was driving only the registration number of the vehicle. Where do I go from here ! I understand it is an offence to say you were driving if you weren't so not sure what to do - any advice greatly appreciated. Thanks

[wales01man]

One of you has to admit they were driving its an offence not to tell a large fine and costs can happen if you don't and 6 points or morre

[Bulldogmad]

One of you has to admit they were driving its an offence not to tell a large fine and costs can happen if you don't and 6 points or morre

One of us was definitely driving but as it was a road we used quite a lot on the holiday and we both drove and it was over 6 weeks ago we cannot remember who was driving on that particular day. Are you suggesting that we just pick straws and who gets the short straw says they were driving?

[wales01man]

Pick straws if you like or refuse to name driver I already stated what the outcome may be In oxford courts when convicted fine for not disclosing is usually 660 fine 66 victim surcharge and 85 costs together with 6 points the choice is yours.

[efpom]

http://www.bailii.org/ew/cases/EWHC/Admin/2006/396.html

http://www.bailii.org/cgi-bin/format...Act+1988%22%29

I have a vague recollection, of a later case, reading on Bailii, sometime during the last 4 months - it might be worthwhile searching for that.

[lgfa92]

A s172 offence is a Band C + 6 points in the sentencing guidelines, it's unlikely that the court will vary that (certainly never happens in the courts I go to). The £660 typically applies only where the default income of £440 p/w is applied and a not guilty plea has been entered to the s172 offence.

Note the wording of s172 of the RTA 1988, especially sub section (4). Do not be tempted to ignore the form, return it with a covering letter explaining the situation. You may or may not then end up with a court summons, depending on how the police see it.

(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a)the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police or the Chief Constable of the British Transport Police Force, and

(b)any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

(3)Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.

(4)A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.