Proof of who was driving at time of offence

[sccbishop]

This has probably been asked before but I didn't know what to search for, so apologies in advance.

Hypothetical situation.

If I receive a NIP, and claim that I do not know who was driving the car at the time of the offence (more than one person is insured on the car), how can the police prove who was driving and therefore gets the points? Surely they can't give the points to the main driver by default if neither of the insured claim responsibility?

I'm convinced this loophole must have been closed, but how?

Thanks,
Simon

[groucho]

They will give the points to the registered keeper I think.

>> Edited by groucho on Wednesday 17th November 17:51

[MrsMiggins]

If you fail to confess or give them another name to go after they will charge you with failing to confess. Penalty? Roughly equivalent to the original offence. (assuming speeding but not too excessive)

Yep. That sounds like justice

[Pigeon]

"Confess!"
"I confess!"
"Not you!"

[rustybin]

Presumably there is a limit on how long you can play ping pong with these. As I understand it, on the form you can 'nominate' another driver who then gets sent a NIP. Presumably they get the same form and can 're-nominate' the original recipient. How long could this be kept up before some form of intervention occured?

If you have 28 days to reply to each NIP and you did this three times (four for safety) would you then be outside the six month limit for laying the charge before the CPS or does that clock only start after someoned has 'fessed up'?


>> Edited by rustybin on Wednesday 17th November 19:08

[parrot of doom]

The registered keeper must show 'due diligence' in determining who the driver is. Thus, if you fail to provide that information, you goto court under a failure to declare (s172), at which point you plead not guilty, and demonstrate to the magistrates what efforts you have made to find out who was driving.

Usually, this is petrol receipts, journey times, etc.

If you don't impress them, its a maximum 3 points and £1 000 fine.

Anyway, you don't need to do this, check out www.pepipoo.com and read about the PACE method.