Either Me Or My Wife Driving

Question:

Hi, I’ve used your services previously for my brother late last year. I received an NIP for excess speed (30). Me and my wife both share a vehicle, and I could not remember who took it on that day. We wrote a response indicating:

That the car was taken to a local farm on that day which we visit 2 or 3 times a week. That me and my wife take turns. That we both went to the farm separately to ask if they could remember who came in on that particular day. They could not remember.

We also checked our banks statements to see if either of us went to the local Safeway supermarket (as we normally do after visiting the farm) – this would help us identify who took the car (from the cash withdrawal or card payment). There are no entries for that day.

I then wrote to the police saying, I can’t provide them the information and have taken reasonable diligence.

They wrote back, saying that I have failed to provide information. So I wrote back saying that I’ve done all I can, and all I can do is ask for the photographic evidence, as that may help me further. They sent it, and the photo is not helpful at all as you can’t see anything.

So that’s where I am right now, and in their letter they quote the usual clause in section 172 (2) a, but also clause (b) that mentions “any other person shall if required as stated above, give any information which it is in his power to give and may lead to the identification of the driver”.

I am intending to write back and say that I am still unable to identify the driver. Your advice would be helpful. Thanks

Dominic Says:

Nice to hear from you, sorry about the circumstances.

I assume that you are the registered keeper of the car and that you are both insured to drive the vehicle?

If you are the registered keeper of the car then the only information you have to provide is the driver’s name. If you cannot do that then you can use the reasonable diligence defence if it applies. Keep a record of all the efforts that you have made.

To defend this matter you are going to have to show that you used reasonable diligence to figure out who was driving at the time of the alleged offence. From what you have said I believe that you will have a good argument in that respect.

Make sure that you have fully named your wife as the other potential driver and that the police know her contact details.

I help over 83% of my clients avoid summonses being issued in these sort of cases. If you want me to get involved and liaise with the police then come back to me I would charge a fixed fee in that respect. ( see our fees here )

Alternatively you will have to sit and wait for the summons I’m afraid (and it will come) then get back to me and I will be happy to help you defend it. I think you have very good prospects of success.