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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I recieved a Noip fornfixed camera. I provided details of

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I recieved a Noip fornfixed camera. I provided details of the driver. The driver then said they can not identify the driver as it could have been one of two people. The police have written back to me giving me 10 days tonidentify tje driver or be prosecuted. I have provided details can they still prosecute me
JA: Where are you? It matters because laws vary by location.
Customer: meuk
JA: What steps have you taken so far?
Customer: Devon
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Customer: replied 1 year ago.
Thank you for looking

You have a duty to provide ALL information within your power as to who was driving.

If you don't then you commit the offence of failing to provide the driver details per s.172 RTA. This carries 6 penalty points and a hefty fine.

It is not for the Police to identify the driver it is for you if you are the owner/ registered keeper of the car. Generally people will know who is driving their vehicle e.g. if you loan it out to someone you would be expected to know their details.

If you have provided all of the information in your power to give then notify the Police of this.

If the Police think you are holding information back then they will take you to court. You can have a trial if you don't agree you have committed the offence of failing to give information and if the Magistrates agree that you have given all the information within your power they will find you not guilty.

If they think you failed to give all the information then they will find you guilty and you will receive 6pp, a fine and an order to pay costs etc.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

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Customer: replied 1 year ago.
I provided them with tje person who said they were driving. 3 of us are insured. I was at work and both the other two could not remember whonwas driving. To make matters easier my wife told me she was driving. They then sent her a Noip. She was given advice tjat if she does not know who was driving she should tick the box saying she does not know who was driving. The police have written back to me tontell me this and that i should investigate and find out. I really dont know and can o ly go on what i was told. Have i fullfilled any obligation to provide details or not

Well if your wife told you she as driving you must tell the Police that.

If your wife stated in her form that she did not know who was driving then she has lied and this is a criminal offence. The "advice" your wife received was poor and I doubt it came from a qualified lawyer.

The Police don't mess around with this. You may recall the MP Chris Hume and his wife went to prison for lying on these forms.

If either of you know who was driving just confess and send the form back accordingly otherwise you committing a serious criminal offence.

It is no good to say 3 people were insured and you don't know who was driving. You must know who was driving or be able to work it out. It is YOUR responsibility to work out who was driving, not the Police's.

Customer: replied 1 year ago.
Thanks. Thats been helpful

You're welcome. Could you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

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