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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 814
Experience:  I am a solicitor with particular expertise in road traffic law.
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Hi there. I have had a summons for failing to provide identity

Customer Question

Hi there. I have had a summons for failing to provide identity of driver even though I wrote stating that I had held meetings and collated bank statements to identify who was driving. I requested evidence which was inconclusive. What do I do?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

JACUSTOMER-tq4qi07l- :

Hi Great

Customer:

So you received the NIP and replied stating you couldn't identify the driver and asking for help from them. A photo perhaps?

Customer:

The reposne has been to commence a prosecution by issuing a summons?

Customer:

Can you just let me know in general terms why you are unable to ID the driver?

JACUSTOMER-tq4qi07l- :

Yes, I asked for any evidence to asist me, I also stated I was aware that putting someones name down if I was not 100 % certain could put me in prison. The photo did not idetify a driver

JACUSTOMER-tq4qi07l- :

there are several people as named drivers on my policy

Customer:

There is defence to this summons which is

“ A person shall not be guilty of an offence …………………… if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”. The key word here is due diligence. This is link to a blog I wrote on this subject. http://trafficlawuk.co.uk/failure-reveal-drivers-identity/


Customer:

Simply saying there are several possible drivers is not enough. You need to be able to say that you can not identify the driver and why (eg it was on a road near your home which is also the home of a co-insured and at a time of day when either of you could have been driving).

Customer:

Practice varies across the country but are you required to attend at court to answer to this summons or can you plead not guilty by post?

Customer:

I see that you have given me a poor service rating. I am not sure why. This isn't really a call centre style service and like most of the solicitors on this site I am a practising solicitor and I fit in this work around other work.

JACUSTOMER-tq4qi07l- :

I think I can reply plead guilty by post

JACUSTOMER-tq4qi07l- :

im sory i didnt mean to hit poor service i have never used this before

Customer:

Ok you should do that if it is possible bearing in mind the risk of 6 points and or a ban and a fine I would think that once you have the trial date you should instruct a solicitor to represent you.

LondonlawyerJ and other Traffic Law Specialists are ready to help you
Expert:  LondonlawyerJ replied 2 years ago.
Thankyou for changing your rating and for the bonus.