NIP>Failing to Provide Driver>Not Guilty >Court Options

[Jacko123]

Hi
Any assistance here would be great, I will try my best to condense the summary, its my first ever post, thx for any help I get.

Augast last year a nip was sent to the registered address of the vehicle in relation to speeding, 42mph in a 30 mph zone, offence happened at 2am, myself and wife are the only people with keys to the vehicle, we were not driving, car was at home, I have no points, wifey has 3.

NIP went to the registered address, I had failed to change the address on the log book!.....I then receive the NIP at my new address on the 12th October after the concerned police force track down my address due to insurance being at current address.

In haste/stupidly I completed part B of the form wrong, I completed it from the view point of me not being the driver, after reviewing the form before I sent it off I realised my mistake and had to cross through the sections, I had to write on the form that I wasnt the driver, the reply was within the 28 days, be it some what messy.

I followed up with a letter stating that I wasnt the driver and the car was located at my address, this was sent recorded delivery, the police accept receipt, they received the letter on the 24th November, later than the 28 days. At this point I believed the issue was closed, I had returned the forms and sent off a covering letter, in my view a mistake had been made ie a misread plate and they had rectified...........

On the 28 November a cloned car form was allegedly sent, although I have never received.

On the 20th December I receive a charge sheet of speeding and failing to provide driver information, I responded not guilty to both charges, fast forward to today and i receive disclosure info from the police, seems the speeding charge has been dropped, however the failing to provide driver information still stands.

The disclosure form shows the reason for the charge is incomplete form provided and failing to return the cloned car form.

I assumed that given I had sent a covering letter that would be sufficient, the police insisting that I respond/complete NIP section with A or B of the form was clearly not fit for purpose in this scenario, I could not of returned either part correctly.

My concern is that I failed to change address on the logbook, hence the failure to provide driver information charge is dated in September, a month after the initial NIP was sent, does this mean that anything that happened after September is irrelevant?

Also, how does the cloned car form fit in, in the discloure doc its showing that it was sent on the 28th November, it doesnt actually show it being posted, ive checked all of my paperwork, (which I file before shredding in bulk) and I definately havent received. If per the disclosure form all I had to do was take a handful of photos on my phone and send over to an e mail address it would have taken 5 mins to complete.

Ive been far to complacent here as I belived the issue would resolve itself as I clearly wasnt the driver, low and behold im now off to court on Friday, any suggestions please, any assistance grealtly appreciated?

Oh btw i'm self employed so losing a days pay to boot.....

[andy_foster]

Having asserted that you were not the keeper of the vehicle involved in the alleged offence, unless the police can prove otherwise your obligations under s. 172 RTA 1988 are those of "any other person" - to give any information that is in your power to give and that might lead to the identification of the driver (if so required by or on behalf of the CHief Officer of Police), and to do so within 28 days beginning with the date of service of the notice.

Whilst it would generally be up to the prosecution to prove that you had further information in your power to give, it is assumed that anybody would have some information to give even if it was simply that they had no knowledge of such a vehicle (or in your case that your vehicle was not the one involved). Providing such information after the expiration of the 28 days would generally be evidence that you had such information in your power to give (unless it can be shown that it was not reasonably practicable to provide such information any sooner).

Whilst the police can make reasonable requirements as to the manner in which the information should be provided (e.g in writing, and signed by the addressee), substantial compliance is good compliance (a covering letter providing all the relevant information is as good as the form provided (and in many cases more appropriate)).

Technically, you could well be guilty due to failing to provide any information within the original 28 days, and not providing information that was in your power to give until after the expiration of the 28 days beginning with the date of service of the notice to your current address. The former ought not to be a major problem as the police effectively gave you a specified extension, but the latter might be more problematic.