Failure to identify the driver
Have the police requested details of who was driving a vehicle and you have haven’t responded?
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What is the offence ?
Once you receive a notice of intended prosecution you must sign and return the form with the driver details. If you do not do this you may receive a fine and 6 points on your licence.
The law states that you are under a statutory obligation to give the driver details and that you have to make reasonable and diligent enquiries to find out who the driver was. You have to say who the driver was.
This offence can apply to an individual and also to a company.
What information do the police have to provide?
The police need to identify the nature of the offence, the time, location and vehicle registration. They must send the notice of intended prosecution to the last known address of the registered keeper to be received within 14 days of the date of the offence.
Can I ask for the photograph?
Yes you can ask for the photograph and in most cases the police provide a copy.
However, the police do not have to send one and if the photograph isn’t clear it doesn’t mean you have a defence.
The police only have to provide the details of the offence and you have to provide the details of the driver.
Are there any defences?
You could have a defence if you can show that you did not know who the driver was and that you could not with reasonable diligence ascertain who the driver was.
There is an expectation that a company should keep a record of who is driving which vehicle if this is applicable.
Please contact us as you may have a defence. It may be that the notice of intended prosecution does not comply with requirements or has been sent out of time. Perhaps you have made every enquiry possible and you still do not have the driver details. We may be able to help.
We're always here to help you
If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.
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