NIP & S172 naming the driver, but you can't
Discussion
Say you loaned your car to friends to use on a road trip.
You get the NIP so you ask them who was driving, but neither is sure.
so you ask them to work it out, but they can't/won't/don't.
What do you do?
Just take a guess & fill out the NIP with one of their details?
Or just write both their details down with an explanation?
Or fail to disclose & take the 6points on the chin as the registered keeper as punishment for not keeping accurate records of precisely who drives your car & when?
You get the NIP so you ask them who was driving, but neither is sure.
so you ask them to work it out, but they can't/won't/don't.
What do you do?
Just take a guess & fill out the NIP with one of their details?
Or just write both their details down with an explanation?
Or fail to disclose & take the 6points on the chin as the registered keeper as punishment for not keeping accurate records of precisely who drives your car & when?
As a person other than keeper, you'd be obliged to provide any information which was in your power to give and which may lead to identification of the driver. At the very least, this would require you to provide contact details of both persons.
Worth noting that the RK of a private vehicle has no statutory duty to keep records of who may have been driving the vehicle.
Worth noting that the RK of a private vehicle has no statutory duty to keep records of who may have been driving the vehicle.
Evanivitch said:
They're not your friends.
They're expecting you to take the blame.
I'm not sure how offering two choices would work but it shows willingness on your part.
Eggsactly this. The camera location is known. They just need to bang their heads together and work out who was most likely to have driven for that sector/area of the trip.They're expecting you to take the blame.
I'm not sure how offering two choices would work but it shows willingness on your part.
vikingaero said:
Evanivitch said:
They're not your friends.
They're expecting you to take the blame.
I'm not sure how offering two choices would work but it shows willingness on your part.
Eggsactly this. The camera location is known. They just need to bang their heads together and work out who was most likely to have driven for that sector/area of the trip.They're expecting you to take the blame.
I'm not sure how offering two choices would work but it shows willingness on your part.
DaveCWK said:
As the RK though you cannot force them to do this. How do you meet your obligations and cover yourself? How do you essentially transfer the NIP liability to them?
Have you seen any photos of the alleged offence? Can you distinguish which of the two friends is driving at the relevant time?
ARH said:
Tell friend A you are going to name them as the driver, if they were not driving they will surely let you know it was friend B, if they just accept it you have no more worries. But as suggested they are not friends if they do this.
This. Presume the NIP would go to person A and if they say it wasn’t them, then just name person B. It’s not like it can be anyone else. Can you not make out the driver from the pic (obviously only if oncoming-facing)? My daughter was snapped recently and the 'clear as a bell' photo of her looking at the camera in a perplexed way was hilarious!
If not, you need to have a serious chat with them... the quantum to you of potentially £1k fine and 6 points vs them most likely of £100 or so for a speed awareness course is dramatically different. Saying they cant remember is not good enough. Maybe a suggestion that you will be looking to them to compensate you for the fine, and the ongoing insurance premium loading of 6 points might jog their memory.
The problem with just naming one of them is that, I think, you need driving license details (which you may have, if it was required when if you added them to your insurance)
If not, you need to have a serious chat with them... the quantum to you of potentially £1k fine and 6 points vs them most likely of £100 or so for a speed awareness course is dramatically different. Saying they cant remember is not good enough. Maybe a suggestion that you will be looking to them to compensate you for the fine, and the ongoing insurance premium loading of 6 points might jog their memory.
The problem with just naming one of them is that, I think, you need driving license details (which you may have, if it was required when if you added them to your insurance)
Edited by Robertb on Wednesday 22 April 13:54
Robertb said:
Can you not make out the driver from the pic (obviously only if oncoming-facing)? My daughter was snapped recently and the 'clear as a bell' photo of her looking at the camera in a perplexed way was hilarious!
If not, you need to have a serious chat with them... the quantum to you of potentially £1k fine and 6 points vs them most likely of £100 or so for a speed awareness course is dramatically different. Saying they cant remember is not good enough. Maybe a suggestion that you will be looking to them to compensate you for the fine, and the ongoing insurance premium loading of 6 points might jog their memory.
The problem with just naming one of them is that, I think, you need driving license details (which you may have, if it was required when if you added them to your insurance)
You need to read the original post. It is a hypothetical (daft Pistonheads) question.If not, you need to have a serious chat with them... the quantum to you of potentially £1k fine and 6 points vs them most likely of £100 or so for a speed awareness course is dramatically different. Saying they cant remember is not good enough. Maybe a suggestion that you will be looking to them to compensate you for the fine, and the ongoing insurance premium loading of 6 points might jog their memory.
The problem with just naming one of them is that, I think, you need driving license details (which you may have, if it was required when if you added them to your insurance)
Edited by Robertb on Wednesday 22 April 13:54
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