Morning All,

I received an NIP in the post this week asking me to name the driver at the time of the offense. I'm genuinely not sure who was driving (4 family members are insured on my car and we all just share cars, so if "my" car was parked at the bottom of the driveway they would have taken that). The location of the NIP doesn't give away who was driving either as it was pretty close to home.


I called up the "Safety Partnership" office and asked for the photo to be sent out, however as the reference number had an R in it, this means they got the speed from the rear facing camera as the vehicle was going away from them, so there would be no image of the driver.

Where does this leave me? Is the onus on the Safety Partnership to prove who was driving? Or if I don't name the driver does this mean I'm looking at 6 points?

None of the individuals insured on my car can remember driving it that day.. Funnily enough!

Advice please.

Not at all, no - responsibility rests with you.

If you cannot provide the details of the driver, then it will almost certainly result in a summons being issued and a trip to court.

In court, you would need to demonstrate that you had exercised 'reasonable diligence' in attempting to identify the driver, what those actions were and why, despite your best efforts, the driver's identity remains unknown.

If the court agree that you did everything which could have been reasonably expected of you, then you should be found not guilty. If they think you could have done more, or if they decide that you were spinning a yarn, then 6 points, a hefty fine (& costs) and increased insurance premiums for the next 5 years would be the likely outcome.

So, other than ask the individuals concerned (and request a photo), what other steps have you taken thus far to identify the driver ?

But does standing up in Court and saying “I Can’t remember if I was driving it myself” count as a “strenuous effort” ?

It's really your responsiblity to keep a record of who drove when.

If you don't, it's YOUR problem!

No it won't. They've heard it a million times before.

Good luck in prison!

Surely a process of elimination would improve matters - who drove anywhere at all at the time in question? Who was even home? Credit/debit card transactions from shopping trips?

Playing devils advocate - I wonder if this bit of legislation is indeed 'Just' Law?

If speeding convictions are termed as a criminal offence, then 'failing to identify the driver' is this a criminal offence?

If so, this where it gets muddy for me...and I suspect raised before, but:

'Beyond Reasonable doubt that he/she did it' is the criteria for conviction in criminal prosecutions, yet this appears not to be so when situations like this come along... as it seems the defendant has to 'prove' beyond reasonable doubt that he/she didn't do it, which is a total reversal!

OK, I understand why the law was introduced, as too many were getting away with 'memory loss' excuses, but does this make this bit of the law rather wrong?

I think it may be "muddy" because you haven't distinguished between the two offences. There is an obligation to provide the driver details in relation to an offence - in this case speeding. If and when this is complied with the prosecution still have to prove the speeding offence. Admitting being the driver does not constitute an admission of speeding.

Its not your responsibility at all. It might make life easier. But then again it might not. Log book not filled in, 4 drivers, same problem.