NIP Advice Please

[rsav]

Last week my car got caught going through a red light at 19MPH.

I've phoned them for photographic id and apparently they don't give out photo's of this offence because the photo's don't show the driver, only the rear end of the car.

Now i was at a BBQ that day with some mates i haven't seen in a while, we all sort of had a car swap thing going on so i can't say i know who was driving mine at the time. All drivers were insured under their insurnace (3rd party)

The women said it would probably go to court where i could put my case across.

Basically, is this worth doing? It's my first 3 points and i think it makes quite a convincing story.

Would they go as far as check out everyone's policy who was driving the car that day, whould they need to be involved at all?

Advice pleaseee..

Cheers

[alans]

If you genuinly don't know how can you fill in the nip?

[wanty1974]

But putting my insurance cap on, if there was a third party claim, how could you prove you gave permission for driving at the time of an accident, if you can't be sure who was driving when they were flashed? The plod will probably throw that back at you.

I say, hunt the party members down and torture them until someone owns up to having been flashed!

[rsav]

As it's my first 3 points perhaps i should just accept it and be done with it.

As you've said i'm sure they'll throw it back at me, whatever i say!

[m-five]

wanty1974 said:

But putting my insurance cap on, if there was a third party claim, how could you prove you gave permission for driving at the time of an accident, if you can't be sure who was driving when they were flashed? The plod will probably throw that back at you. I say, hunt the party members down and torture them until someone owns up to having been flashed!

Surely if I tell my mum, my dad, my sister and friends (if I had any) that they can drive my car when I'm not using it then whilst they all have permission I can't be expected to know who drove it when?

[jeffreyarcher]

Hi rsav & all,
Might I suggest that you return the NIP with a list of all the people in your group who may have driven the car, together with a covering letter explaining the position, and saying that, particularly as they have refused to supply a photograph which may assist you in identifying the driver, you can do no more, and as such, you have complied with your obligations under S172 (4). The scamera partnerships and the police like to deny that sub-section (4) exists and you will doubtless get threats of prosecution and worse, however it's better to say it now, rather than wait till court; this way you may not even get a summons.

Road Traffic Act 1988, Section 172.-
(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
[url]www.hmso.gov.uk/acts/acts1991/Ukpga_19910040_en_2.htm#mdiv21[/url]

[safespeed]

rsav said:

Would they go as far as check out everyone's policy who was driving the car that day, whould they need to be involved at all?

Note this carefully:

If you lend someone a vehicle on the express condition that they provide suitable insurance, then you cannot be found guilty of permitting. (Newbury-v-Davis 1974, RTR 367)

I don't suppose it's going to come up, but it's good to be prepared.

Best Regards,
Paul Smith
Safe Speed
www.safespeed.org.uk

[jeffreyarcher]

justme said:

If you provide a list of names of UK citizens with valid UK licences, then (theoretically) they can follow it up.

So? I took rsav's story at face value, not as a fabricated ruse.