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Hi - what steps have you taken to identify who was the driver?
well, presumably you would keep some record of who was driving?
who has keys normally? why would they use it? where were they on those days? what enquiry have you made?
S172 RTA reverses the burden of proof onto you.It does not ask whether you know offhand who was driving. Of course you do not. It places, however, an obligation upon you to investigate the issue using reasonable diligence and to identify the driver. That usually means checking your diary, retracing your steps etc.If you genuinely cannot do so then it is a defence to say that you have used reasonable diligence and cannot say. Generally speaking 'reasonable diligence' at the Magistrates Court means doing everything humanly possible though. Any imperfection will be used as an excuse to convict you.In addition, if you really cannot identify the driver then there is a particular response that you should use to bring yourself within the case law. You must STAPLE the letter to the NIP. Do not use a paperclip. They will seize on that if you do and use it to convict you as they will differentiate it from the leading case. On that letter write the words'The driver of this vehicle was eitherA[NAME AND ADDRESS]ORB [NAME AND ADDRESS]Obviously they can only be the two genuine candidates though.The case of DPP v Jones says that if you respond in that way it is for the police investigate which of the two are responsible and it gives you a defence to failing to identify. They will not do it though.This case is relatively little know and they could charge you with failing to identify. You may have to go to court and argue the point. They will send you some quite intimidating letters. Its important not to get tempted to give in and just nominate one of you. Obviously that would be unethical. Also, they could prosecute you for a more serious offence if you get it wrong. The case law hasn't really gone in favour of the Crown in this area and they are getting very excited with offences involving public justice as a result.Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.