Speeding Ticket - Not Sure Who Was Driving?

When a registered keeper of a car receives a NIP they will be asked to provide the details of the person who was driving so that the penalty notice can be issued to the correct person. If you receive a NIP but cannot provide the driver information then you need to be able to prove that you have genuinely attempted to identify the driver. This might include:

• Asking the police for photos from the alleged incident
• Going over schedules or diaries if the possible drivers are within your household
• Contacting anyone who has your permission to drive the car and asking if they can identify the driver

If you have taken all reasonable steps to identify the driver and are still uncertain, make sure you have documentation to prove you have done what you can and then contact a motor defence lawyer, as you will likely need to appear before the court.

You will need to send a letter to the police (contact details will be on the NIP) stating that although you have made a concerted effort to identify the driver, you do not know who it was.

If you have received a NIP and ignore it, fail to respond, or give a vague or unclear response then you will most likely be charged with failing to provide driver information and could be fined up to £1,000 and receive six penalty points on your licence.  This is used to deter people from avoiding fines but can cause a lot of stress if you genuinely don’t know who the driver of the vehicle was.

Unfortunately, you are required to name the driver of the car, not the possible driver. You will need to provide the identity of the individual driving or claim that you do not know who it was.

You will be given 28 days to respond to your NIP. In this time you will need to collect any evidence possible and do as much as you can to identify the driver. At the end of the 28 days you might receive a reminder, but you could also receive a summons to appear in court for failing to identify the driver.

If your car is stolen it is important that you report it immediately. The police will issue a case number and you will need to use this in your response to the NIP. Once you have proven that your car was stolen and reported, the charge against you will be dropped. If you failed to report your car as stolen you will need to speak to a lawyer who will advise you on how to proceed.

If, after due diligence, you are still unsure who the driver was, you will need to appear in court. Judges rarely look favourably on cases of failing to provide driver information because it is seen as a way of avoiding a fine. But if the court believes you have made a genuine attempt to identify the driver then it may be satisfied and drop any charges against you. A motor defence lawyer will be able to advise you on how to prepare a successful defence and plead your case.

It is always good to contact a lawyer sooner rather than later if you are uncertain.  If you find yourself with a NIP and no knowledge of the driver, please contact us on 03334 432 366 for advice and a no obligation consultation on how we can help.