NIP but unsure of driver

[Bellboy]

I have just received a NIP for what will be an SP50 I guess, however; the car reg is not mine.

On looking at my diary I had a test drive in a car from a local garage at 11am that day, the offence occurred at 12:30, I had a meeting at my office in the diary for 12:30 but since this offence was presumably sent to the garage first, I asume they have sent back saying I had the car or how else would the Police have got to me? I am unsure whether I still had the car at that point and the road where the offence took place is a fairly major one near where I work and the garage.

I have thusfar simply filled in all the NO answers on the NIP then I read some of the answers on this forum saying if unsure dont return the NIP as this can be construed as "trying to pervert the cause of Justice".

So what should I do ?
A. Talk to the garage and see what time they say I had the car until and ask to see proof.
B. Ask to see the photograph to ID the driver ( can it be used I thought this was against Human Rights)
C. Send back the NIP saying no, although this really doesnt seem like the right thing to do.

Lastly both my girlfriend and I drove the car!! so assuming the garage have the car booked to me and can prove it, should I still request the photo to ID the driver? And what happens if we cant ID the driver?

Any help much appreciated. I have 6 points 3 from last summer and 3 from late 2001

[bellboy]

Hi thanks for the response, been stewing on this most of the day (nine points tends to focus the mind) thought best procedure would be to:
A. Call in at the garage and ask to see the Sales manager to verify I had the car and see some evidence, although lets face it they've seen the NIP once so could have written anything in a diary.
B. Request to see the photo,

Surely it becomes my word against theres if the picture shows nothing?

[bellboy]

>if the NIP is NOT sent to you within 14 days of the offence, it's not valid.

Hi James reading your other post do I take it this doesnt apply to me since I am not the registered owner and therefore I cant use this get out, as the incident occurred on 24th March and the letter sent to me dated 20/04/04. Just thought it might be easier than playing chase the photograph to see who was driving.

[bellboy]

Hi Folks,

I spoke to a lawyer, The Garage and the SCP, the garage said " we have it in our diary that you had the car" and produced the test drive booking form that said 11am, I asked what their diary said and they went all vague on me!! I spoke to SCP and explained the above and that there were 3 people in the car at the time of the test drive, they were most cheery and said ah yes, that could be a problem particularly if you were caught from behind "send us a letter explaining this and request the photo" spoke to solicitor who agreed. I sent a guaranteed next day letter and requested the photo!! So lets wait and see what that shows, thanks for everyones input so far.

[bellboy]

Hi Folks,

I just got my Gatzo photo and you cant make out the driver, I have also requested that the garage I had the test drive with confirm that there was more than one person in the car, I asked the police directly "what is the procedure if we cant identify the driver?" to which they did not reply other than "you have 14 days to tell us who was driving"

anybody any thoughts on how to proceed from here ?

[bellboy]

Hi,

there were 3 of us but you cant make out any bodies or faces !!??

[bellboy]

And my legal advisor said:

I would recommend you write straight back to the Central Ticket Office (by 27 May) pointing out that you have provided all the information that is "within your power" to give and cannot do more (and indeed are not required to do more by the Act).