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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I received a Notice of intended prosecution in the Post. I

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I received a Notice of intended prosecution in the Post. I am my partner have got two cars and both cars are on my name. We have got multiple policy, I am a named driver on one of the cars and he is a named driver on both. An old friend from malaysia came visiting and borrowed the car, He travelled back now and we got a letter through the post asking for who was driving at the time as he was doing 60mph on a 50mph road and got nicked by a camera. We instantly called him and he gave us his details. I filled the details accordingly and they sent back the form for whatever reason. I filled it again and sent back to them. Now they returned the form asking me to prove the insurance of the driver and supply them with his travel tickets and insurance details. Now they have said depending on what i say they will choose to write him or not. Obviously as it is sensitive data, he is not forth coming. I am a little confused on what to do here. I have sent the friend a scanned copy of the letter in question. As the police is saying i may get summoned for perverting the course of justice. Since when is providing the right details perverting the course of justice? I need advice on what to do in this regards.
Thank you for your question. My name is ***** ***** I will try to help with this.
I suppose you haven't received any advice upon how serious perverting the course of justice is?
Customer: replied 3 years ago.

No i have been reading online about it. But in this regards ***** ***** 110% honest.

I am afraid there is a well known scam in this country where some people escape penalty points by saying that a person was driving who has left the UK.
For that reason, they are almost certainly saying they don't believe in the friend from Malaysia. To be wholly honest, it really doesn't make much sense to say that he is refusing because it is sensitive information. It isn't sensitive information. It just his details and insurance and he is being asked to provide to the police who have a reasonable interest in the matter. Obviously that isn't anything you have control over really. If he refuses then he refuses but you might make the point there is no merit in refusing.
Unless he begins to support your position or your disclose his whereabouts to the police so they can find him, there is a risk of being charged with perverting.
It is to be hoped they drop down on prosecuting you for permitted no insurance.
Whether they will or not depends really. Perverting prosecutions are fairly rare in the grand scheme of things. Bizarrely it is far easier to be charged with perverting for something like this than for making a false allegation of rape the latter being far more serious. They like to charge people in your position and not false accusers on the whole. I think the risk is, if I can be wholly honest, I am afraid that your explanation just isn't really very credible. For that reason they could charge.
Whether or not that would be enough to convince a jury is another matter. Jurors are not generally aware of the scam in the UK using this MO. The only risk here is whether they would think it is just one coincidence too many.
In terms of what to do, if the friend will not assist then there is nothing you can do to force him. If you have told the truth then you will have to maintain it. You can improve upon your position by disclosing every information you have upon him.
Can I clarify anything for you?
Customer: replied 3 years ago.

Well it is the honest truth and i will not be going down on this without a fight. In terms of insurance, anyone can drive anyone's car when it comes down to the insurance details, they will have to sort themselves out. No one drive a car without knowledge of insurance. I will just have to see out it goes.

I am afraid that it is for you, as the registered keeper, to satisfy yourself that any drive of your car is insured. If not, you commit the offence of permitting no insurance.
That is a good deal better than perverting of course.
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