help with fixed penalty notice, i want to change drivers name Options

[Lakeside]

I went to meet some friend at a house so told them i want to sell my car and one of my mate who lives in canada was also there and said he would like to buy the car for his girlfriend so gave him the car keys while i was inside with some other guys within 10-15 minutes he was back in gave me the keys and said he would get in touch and i automatically drove off to work .
Few days got a letter of fixed penalty notice from the essex police that i jumped red light i was shocked as far as i know am not sure i did and the only person i gave my car keys to that day around that time was my mate from canada . I couldnt reach him cos he was in America .
Been asked to identify the driver i put his name his canada address and date of birth .
Then got a letter from essex police that they want to see my insurance certificate that as long as my record shows my policy is only third part fire and theft and he was not insured to drive my car that if i dont send my insurance policy i will pay £2500 fine plus 8 point on my licence .
I couldnt reach my mate to asked what initially happened before sending his name as the driver.
when i reached him he said he didnt drive the car he didnt even move the car from the spot it was parked .
so i now realised am the offender that jumped the red light .
am still within the 28 days .
How can i change his name to my name from the identify the driver form i sent to police ?
What should i do ? Cos i have only few days left . Help me with your advice pls ? I will be looking forward to hearing from you . Thank you all

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[squaredeal]

You advise that new information has come to light, and that you can now confirm you were the driver at the time of the alleged offence. Ensure it is signed and dl number supplied.
You may get a course / fixed penalty depending on the red light time.

[southpaw82]

I went to meet some friend at a house so told them i want to sell my car and one of my mate who lives in canada was also there and said he would like to buy the car for his girlfriend so gave him the car keys while i was inside with some other guys within 10-15 minutes he was back in gave me the keys and said he would get in touch and i automatically drove off to work .
Few days got a letter of fixed penalty notice from the essex police that i jumped red light i was shocked as far as i know am not sure i did and the only person i gave my car keys to that day around that time was my mate from canada . I couldnt reach him cos he was in America .
Been asked to identify the driver i put his name his canada address and date of birth .
Then got a letter from essex police that they want to see my insurance certificate that as long as my record shows my policy is only third part fire and theft and he was not insured to drive my car that if i dont send my insurance policy i will pay £2500 fine plus 8 point on my licence .
I couldnt reach my mate to asked what initially happened before sending his name as the driver.
when i reached him he said he didnt drive the car he didnt even move the car from the spot it was parked .
so i now realised am the offender that jumped the red light .
am still within the 28 days .
How can i change his name to my name from the identify the driver form i sent to police ?
What should i do ? Cos i have only few days left . Help me with your advice pls ? I will be looking forward to hearing from you . Thank you all

Cross your fingers that the police don't investigate you for perverting the course of justice.

This post has been edited by southpaw82: Sun, 27 Nov 2016 - 17:01

[666]

First of all, you should be aware that you have probably given enough information in your post for you to be readily identified by Essex police, should they monitor the forum. Also be aware that deleting or editiing your post won't help.

That said, the only sensible advice is to contact the police and tell the truth. If it was you described, it was an honest mistake which you need to rectify ASAP.

[Lakeside]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2016
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1168 chigwell Lane , Loughton junction
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - Am the registered keeper
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I went to meet some friend at a house so told them i want to sell my car and one of my mate who lives in canada was also there and said he would like to buy the car for his girlfriend so gave him the car keys while i was inside with some other guys within 10-15 minutes he was back in gave me the keys and said he would get in touch and i automatically drove off to work .
Few days got a letter of fixed penalty notice from the essex police that i jumped red light i was shocked as far as i know am not sure i did and the only person i gave my car keys to that day around that time was my mate from canada . I couldnt reach him cos he was in America .
Been asked to identify the driver i put his name his canada address and date of birth .
Then got a letter from essex police that they want to see my insurance certificate that as long as my record shows my policy is only third part fire and theft and he was not insured to drive my car that if i dont send my insurance policy i will pay £2500 fine plus 8 point on my licence .
I couldnt reach my mate to asked what initially happened before sending his name as the driver.
when i reached him he said he didnt drive the car he didnt even move the car from the spot it was parked .
so i now realised am the offender that jumped the red light .
am still within the 28 days .
How can i change his name to my name from the identify the driver form i sent to police ?
What should i do ? Cos i have only few days left . Help me with your advice pls ? I will be looking forward to hearing from you . Have only been driving 18 months now .
Thank you all

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• If you can show that after reasonable diligence you have been unable to determine the identity of the driver, you will not be guilty of S172 failure to provide.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 27 Nov 2016 17:06:44 +0000

[southpaw82]

so i now realised am the offender that jumped the red light .

Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

Right...

If you let your pal from Canada drive and he wasn't insured then you're almost certainly guilty of an offence of permitting use without insurance based on what you've told us.

If your pal was driving but you're going to name yourself to avoid the permitting offence that's perverting the course of justice and prison time.

If you were driving (which is inconsistent with your story and answers to the wizard) then you need to correct it with the police and hope they don't investigate you for perverting the course of justice.

Quite frankly, I think you're spinning us a line and trying to get someone here to suggest you commit an offence to dig yourself out of a hole. Nobody here is going to go to prison to help you.

[BaggieBoy]

And why would somebody who lives in Canada want to buy a car in the UK? Story makes no sense.

[The Rookie]

Story is nonsense.

FTFY

given the blatant and transparent gaping holes in your story, it's probably best to admit driving ASAFP and hope they think you've learnt your lesson.

[southpaw82]

Story is nonsense.

FTFY

given the blatant and transparent gaping holes in your story, it's probably best to admit driving ASAFP and hope they think you've learnt your lesson.

And if he wasn't the driver?

[anon45]

Story is nonsense.

FTFY

given the blatant and transparent gaping holes in your story, it's probably best to admit driving ASAFP and hope they think you've learnt your lesson.

And if he wasn't the driver?

Although the OP's original post is poorly formatted, it seems clear from the fourth-from-last line that he was indeed the driver, notwithstanding that this contradicts what he put in the wizard.

This post has been edited by anon45: Sun, 27 Nov 2016 - 18:34

[peterguk]

it seems clear from the fourth-from-last line that he was indeed the driver

Is it?

I guess it doesn't matter either way - depends whether the police believe he made a simple mistake and/or choose to take any further action.

[southpaw82]

Story is nonsense.

FTFY

given the blatant and transparent gaping holes in your story, it's probably best to admit driving ASAFP and hope they think you've learnt your lesson.

And if he wasn't the driver?

Although the OP's original post is poorly formatted, it seems clear from the fourth-from-last line that he was indeed the driver, notwithstanding that this contradicts what he put in the wizard.

It's not at all clear to me.

[sgtdixie]

Situation is simple. You thought you had a great way of getting away with the offence and have been caught out. 2 choices. Carry on with the lie and at worst go to prison, name yourself and take whatever the outcome is.

They may be charitable and simply progress the original offence. If they decide a more serious offence has occurred you need a solicitor.

[The Rookie]

As above, I read it you believe you were the driver however....

Name whoever the driver is, whatever other offences come to light because of that, you are probably heading off the worst punishment (showering with Bubba when he drops the soap and asks you to pick it up.....)

[NewJudge]

Yes the police may wonder what "new information" has come to light (other than the threat of prosecution for permitting your car to be driven uninsured) in such a short space of time. And also how it is that you could quite quickly name your friend as driver but now remember (in the light of this "new information") that he was not behind the whee after all. Having said that, you don't really have much choice but to now nominate yourself and hope the police have better things to do with their time.

This post has been edited by NewJudge: Mon, 28 Nov 2016 - 11:24

[thisisntme]

As my signature demonstrates, I may be wrong, but I think the fact that permitting will lead to you having your licence to be revoked, may well arouse suspicions that you are backtracking your story because the new circumstances leave you worse off than if you were in fact driving yourself. A lot of people get caught out by permitting on a test drive because they assume that the other driver is insured without checking or that your insurance covers it.

With that in mind it wouldn't be unreasonable for someone in authority to think that the answer you gave in the first place was the accurate one. If this is the case, you could be getting your soap on a rope. Best thing is to tell the truth and face the consequences. You have no other choice now. Act in haste, repent at leisure...

[andy_foster]

Twaddle. The police never believed that the Canadian friend was driving. They only use permitting because it is infinitely easier to require the OP to prove that his friend was insured (which he clearly can't) than it is to prove beyond reasonable doubt that the OP deliberately lied by naming his Canadian friend.

The OP tells us that he was mistaken when he thought that his friend was driving. Whether or not we believe him is largely irrelevant (other than the basic rules of the site such as not judging the veracity of the OP's claims). If the OP has lied to us, he has not broken any laws in doing so. If he has lied in an s. 172 response, he has committed a serious offence, but if he was simply mistaken, the most serious offence he would have committed is failing to name the driver within the 28 days, assuming that the correct nomination was not served within the 28 days. If the police do investigate him for perverting the course of justice or perjury, he might want to consider that no adverse inference can be taken from a refusal to answer questions before the accused has had the opportunity to consult with a lawyer.

[peterguk]

OP seems to have been shocked into silence. Last seen at 17.39.

OP, consider seriously the situation you have put yourself in, and ensure you make the correct decision based on the advice given.