What happens next?

[V6GTO]

My brother got a Nip and named me as the driver, but when I got the subsequent Nip I named HIM as the driver. He has just recieved a second Nip exactly the same as the first. What happens next? Is this going to continue untill one of us dies? I hope not because it costs an envelope and a stamp every time. Martin.

[mattd]

I'm not sure how many times they will let you do this but if you carry on i assume the registered keeper will get a failing to provide summons rk then has to prove he has showed "due dillagance" in identifying the driver

I would suggest you next step should be to send the form back naming you both on it with an explaination asking to see photos.

If the photos are unhelpful another send another letter explaining with reason why you both think you where not driving at the time

Remember to send all post recorded will help it goes to court

[jeffreyarcher]

mattd said:

rk then has to prove he has showed "due dillagance" in identifying the driver

Not any more (although you'll need to take a copy of the judgement to court), the recent Mohindra v DPP has rather changed some conceptions.

The Honourable Mr. Justice Moses in Mohindra v DPP said:

11. <...> One who keeps the vehicle is presumed to know the information required unless he proves otherwise (section 172(4)). One who is merely a registered keeper is not presumed to have such information and the prosecution must prove that the information is in his power to give (see as to the different burdens of proof Blackstone 2004 C2.15).

However, IMO, it's irrelevent anyway, because V6GTO's brother has discharged his onligations by naming V6GTO. It is now for the prosecution to prove that the information V6GTO's brother has supplied is false.

>> Edited by jeffreyarcher on Saturday 15th May 00:14

[Richard C]

make sure you take the whole 28 days to reply. Spin it out and there is only time for about 5 exchanges of correspondance before the Scamera lot have decide what they are going to lay before the court ( 6 months ) or lose it as out of time.