Honestly Do Not Know Who Was Driving

Question:

I recently received a notice of intent re an alleged speeding offence from a fixed camera. The form asks me to provide the name of the driver at the time of the offence.

I honestly do not know if the driver was myself or my partner. Does one of us have to take blame for this or can the police fine both people and endorse both licenses. Even though we do not know who was driving at this time

Dominic says:

If you do not know who was driving at the time then you need to say so.

You will have a defence to failing to name the driver if you can show that you have done your best to figure it out. You have to be aware that there is a risk that you will be prosecuted for failing to provide information but over the last 4/5 years I have defence over 95% of these allegations and get over 83% withdrawn without trial.

We have introduced a new service where we try and dissuade the police from issuing a summons in the first place and we have achieved over a 90% success rate in that regard.

If you would like my help then come back to me.

Honesty is the best policy. The statutory defence is there to help people that are in this situation. We would have to show that you have used reasonable diligence to figure it out.

What’s the alleged speed? Have either you or your partner got any points already?

Come back to me if I can assist further.