Notice of Intended Prosecution
Discussion
As said, if you don't / can't put your hands up to this, then:
Search for evidence that might suggest one or more drivers could have been driving.
If found, and the person is prepared to cough to it, then return the s172 with their details. Relax.
Otherwise, send the s172 back indicating that any one of the drivers named on could have been driving, but that none can remember whether or not they were. Wait.
Streaky
Search for evidence that might suggest one or more drivers could have been driving.
If found, and the person is prepared to cough to it, then return the s172 with their details. Relax.
Otherwise, send the s172 back indicating that any one of the drivers named on could have been driving, but that none can remember whether or not they were. Wait.
Streaky
Having been in this situation myself and successfully proved to the Magistrates that we took all reasonable measures to identify the driver but couldn't, then I'd follow Streaky's advice and in addition:
1. Ask yourself and the others if they are certain they can't recall driving the car at that particular time
2. If the answer to (1) is 'Yes' then ask everyone if they are prepared to go to court, stand up in front of the bench, answer questions from a CPS lawyer and prove they have taken all reasonable steps to identify who was driving.
3. If the answer to (2) is 'Yes' then immediately start gathering any information, records, diary information, emails, telephone call records, credit card bills, shopping receipts etc etc. you can find so you can show the Court you have done everything possible to establish who was driving.
4. If you have done a lot of (3), the deadline for returning the NIP is looming and you still can't ID the driver, then return the NIP saying you can't identify who was driving but could they please provide any information (don't ask for 'PROOF' or 'EVIDENCE')they have which may help (you want to have this in writing).
They may send you the photo and that may or may not help you (a rear-facing photo may show something which could help) but if you still don't know by then you probably want to contact a specialist solicitor to help you through the process from that point forward.
This situation can be stressful, time-consuming and seem unfair, but if you really don't know who was driving you should have your day in Court and prove the case in your favour. Also remember, the Magistrates decision may not be the correct one, so you need to be prepared to be disappointed.
1. Ask yourself and the others if they are certain they can't recall driving the car at that particular time
2. If the answer to (1) is 'Yes' then ask everyone if they are prepared to go to court, stand up in front of the bench, answer questions from a CPS lawyer and prove they have taken all reasonable steps to identify who was driving.
3. If the answer to (2) is 'Yes' then immediately start gathering any information, records, diary information, emails, telephone call records, credit card bills, shopping receipts etc etc. you can find so you can show the Court you have done everything possible to establish who was driving.
4. If you have done a lot of (3), the deadline for returning the NIP is looming and you still can't ID the driver, then return the NIP saying you can't identify who was driving but could they please provide any information (don't ask for 'PROOF' or 'EVIDENCE')they have which may help (you want to have this in writing).
They may send you the photo and that may or may not help you (a rear-facing photo may show something which could help) but if you still don't know by then you probably want to contact a specialist solicitor to help you through the process from that point forward.
This situation can be stressful, time-consuming and seem unfair, but if you really don't know who was driving you should have your day in Court and prove the case in your favour. Also remember, the Magistrates decision may not be the correct one, so you need to be prepared to be disappointed.
Option 1: Pay £15 each then have a game of snakes and ladders. Last one to square 100 receives the points.
Option 2: try everything you can to identify driver. Find out who it was.
Option 3: fail to identify driver, spend a day in court with possibly worse outcome than 3 points and £60, possibly get away not guilty.
Option 4: take the points yourself, ask others to pay £20 each on the fine on the basis of being a good guy and taking the points for them.
Option 5: pay fine and take points yourself.
I have 3 points on my licence, surprisingly if I have 0 or 3 points it makes no difference to the 2 vehicle insurances I currently have in my name.
Option 2: try everything you can to identify driver. Find out who it was.
Option 3: fail to identify driver, spend a day in court with possibly worse outcome than 3 points and £60, possibly get away not guilty.
Option 4: take the points yourself, ask others to pay £20 each on the fine on the basis of being a good guy and taking the points for them.
Option 5: pay fine and take points yourself.
I have 3 points on my licence, surprisingly if I have 0 or 3 points it makes no difference to the 2 vehicle insurances I currently have in my name.
Having been in this situation myself and successfully proved to the Magistrates that we took all reasonable measures to identify the driver but couldn't, then I'd follow Streaky's advice and in addition:
1. Ask yourself and the others if they are certain they can't recall driving the car at that particular time
2. If the answer to (1) is 'Yes' then ask everyone if they are prepared to go to court, stand up in front of the bench, answer questions from a CPS lawyer and prove they have taken all reasonable steps to identify who was driving.
3. If the answer to (2) is 'Yes' then immediately start gathering any information, records, diary information, emails, telephone call records, credit card bills, shopping receipts etc etc. you can find so you can show the Court you have done everything possible to establish who was driving.
4. If you have done a lot of (3), the deadline for returning the NIP is looming and you still can't ID the driver, then return the NIP saying you can't identify who was driving but could they please provide any information (don't ask for 'PROOF' or 'EVIDENCE')they have which may help (you want to have this in writing).
They may send you the photo and that may or may not help you (a rear-facing photo may show something which could help) but if you still don't know by then you probably want to contact a specialist solicitor to help you through the process from that point forward.
This situation can be stressful, time-consuming and seem unfair, but if you really don't know who was driving you should have your day in Court and prove the case in your favour. Also remember, the Magistrates decision may not be the correct one, so you need to be prepared to be disappointed.
1. Ask yourself and the others if they are certain they can't recall driving the car at that particular time
2. If the answer to (1) is 'Yes' then ask everyone if they are prepared to go to court, stand up in front of the bench, answer questions from a CPS lawyer and prove they have taken all reasonable steps to identify who was driving.
3. If the answer to (2) is 'Yes' then immediately start gathering any information, records, diary information, emails, telephone call records, credit card bills, shopping receipts etc etc. you can find so you can show the Court you have done everything possible to establish who was driving.
4. If you have done a lot of (3), the deadline for returning the NIP is looming and you still can't ID the driver, then return the NIP saying you can't identify who was driving but could they please provide any information (don't ask for 'PROOF' or 'EVIDENCE')they have which may help (you want to have this in writing).
They may send you the photo and that may or may not help you (a rear-facing photo may show something which could help) but if you still don't know by then you probably want to contact a specialist solicitor to help you through the process from that point forward.
This situation can be stressful, time-consuming and seem unfair, but if you really don't know who was driving you should have your day in Court and prove the case in your favour. Also remember, the Magistrates decision may not be the correct one, so you need to be prepared to be disappointed.
FurtiveFreddy said:
2. If the answer to (1) is 'Yes' then ask everyone if they are prepared to go to court, stand up in front of the bench, answer questions from a CPS lawyer and prove they have taken all reasonable steps to identify who was driving.
Only the RK has to be diligent. Any other drivers who end up under the auspices of S172 only have to tell what "is in their power to give".Bert
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