Notice of Intended Prosecution

I Have Received a Notice of Intended Prosecution. What Information do I Have to Provide?

You are required to provide the name and address of the driver to the best of your knowledge and belief. See further information below.

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I Know Who Was Driving; Can I just Pass the Notice on to Them to Deal With?

We would advise against this course of action. It is your responsibility to respond. Passing the request to provide the details of the driver or a notice of intended prosecution to another person – even if they were the driver would not afford you a defence if you were subsequently prosecuted for failing to provide the details of the driver at the time of the alleged offence.

I am not Sure Who Was Driving, Can I Request Information From the Police?

Although the obligation is on you as the recipient of the Notice of intended prosecution to supply the name and address of the driver at the time of an alleged offence, there may be some circumstances where it is difficult to specify who was driving at the time. You can ask the police to provide photographic evidence of the alleged offence. There is no requirement that the police must provide the photograph of the contravention but in most cases they will do so. You should be aware that the photograph may only show the vehicle in question and not the occupants or the driver. This is because the Police are only required to supply sufficient information to identify the offence itself.

I Can Narrow it Down to One of Several Drivers, What Should I do?

Although your obligation is to confirm who was driving and not who could have been driving, the fact that you have narrowed it down can lead to further enquires that you should seek to conduct. The law requires you, as the owner or keeper of the vehicle to have exercised reasonable diligence or to have taken reasonable steps to ascertain the identity of the driver. If you have narrowed down the drivers that it could be, then you need to carry on with further steps. You may choose to obtain phone records of those drivers or request local CCTV from where the offence is alleged to have been committed. What amounts to “Reasonable” will be depend on the particular facts and circumstances of your case. In general terms, it means that you must make a real and genuine effort to find out who was driving at the time of the alleged offence.

I Have Been Asked to Identify the Driver of a Vehicle, I Will Need More Time, is There a Time Limit?

There is a time limit and you are required to confirm the identity of a driver within 28 days. The law requires you, as the owner or keeper of the vehicle to have exercised reasonable diligence or to have taken reasonable steps to ascertain the identity of the driver.

What amounts to “Reasonable” will be depend on the particular facts and circumstances of your case. In general terms, it means that you must make a real and genuine effort to find out who was driving at the time of the alleged offence.

 

In the first instance, you should inform the police that you will need more time and explain why. We would recommend that you speak with us first as any letter or form that you send at this stage could be used as evidence against you, should you ultimately be summonsed to attend court for failing to provide the details of the driver.

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I Don’t Know Who Was Driving the Vehicle?

Remarkably, this is quite common. Where you find yourself in a situation where you have been required to provide the details of the driver and you don’t know who the driver is, the law requires you, as the owner or keeper of the vehicle to have exercised reasonable diligence or to have taken reasonable steps to ascertain the identity of the driver. What amounts to “Reasonable” will be depend on the particular facts and circumstances of your case. In general terms, it means that you must make a real and genuine effort to find out who was driving at the time of the alleged offence.

If once you have made all the checks and enquiries, you are still unable to provide the details of the driver at the time of the alleged offence, then you should advise the Police of this. If you have acted with reasonably diligence to identify the driver at the time of the alleged offence and you have made no attempt to withhold information deliberately or negligently, you may have a defence. We would suggest that it would be appropriate to seek legal advice before returning the Notice of Intended Prosecution. Contact us today for help and assistance.

 

If having made all of your enquires you are unable to provide the name and address of the driver at the time of the alleged offence, it is very likely that you will receive a summons to attend court.

I Have Received a Aummons to Attend Court for Failing to Provide Driver Details

Where you have followed the above and are still in no position to provide the driver details, you are likely to have received a summons to attend court to answer an allegation that you failed to provide the driver details.

 

We will assess the circumstances of your case and the reasons why you failed to provide the details of the driver. Depending on the nature, circumstances and the actions that you took to identify the driver, we may advise you to plead not guilty to the allegation. Your case may then proceed to a trial where you, as the keeper or owner of the vehicle and any potential drivers will give evidence in court.

 

Following the defence evidence, if the magistrates are persuaded that you did make investigation as to who was driving the vehicle at the time of the alleged offence, with “reasonable diligence”, then the law says that the keeper of the vehicle cannot be held responsible.

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