Not Able To Name Driver

Question:

About 3 years ago I received a request for information under section 172 road traffic act. I recalled the journey and speed of travel and was able to admit the offence and that I was the driver. Unfortunately it has just happened again, but this time neither my wife nor I can be sure which one of us was driving.

The NIP does not state which direction we were traveling but we do often travel that road at about the stated time and day. Normally I would just accept the facts as presented and elect for fixed penalty, but this time I really do not know whether I was the driver or not.

I do not want to risk prosecution for not supplying the information demanded to name driver, and there is no place on the form to explain. How do I comply with section 172 under these circumstances?

Dominic says:

I understand your position. The police are not fair in there approach to s.172 I’m afraid and they tend to use it as a sledge hammer.

You are probably aware that if you can show that you have used reasonable diligence to figure out who was driving then you have a defence to failing to name the driver – but appreciate you do not want it to go that far.

Have you asked for the photos to see if that helps?

You should explain that you are having difficulties and that your wife (provide her full contact details) is the other potential driver.

I started a new service around 6 months ago where we get involved in these cases at a very early stage. The aim is to try and dissuade the police from taking the matter further.

In the last 51 cases that we have taken on we have successfully dissuaded the police from taking further action in 46 (so just over a 90% success rate).

If you would lie my help then please come back to me. I charge a fixed fee for this service ( see our fees here ). We would take full statements from you and your wife and then make detailed representations to the police on your behalf.