Ask a Traffic Law Question, Get an Answer ASAP!
Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.
Thanks for your message, I appreciate it is important to you.
Do you work for a dealership or was this a potential private sale?
Ok thank you. It is an unfortunate position because under section 172 Road Traffic Act 1988, you are required to provide the identity of the driver and failure to do so in itself is a separate offence to that of speeding.
The difficulty you are faced with is proving what you are saying to the authorities. Not to disbelieve you, but without evidence to substantiate your claims you may be penalised for the speeding offence if you are the registered keeper, as the courts may just see that as an excuse.
Going forward, you have the option of disputing the offence and hoping you are believed, which may prove difficult without any valid evidence, or unfortunately, just accepting the charge. If you are unable to obtain the identity of the driver, it may be more cost effective to accept the charge, just for the reason that disputing it, and subsequently losing may increase your fine and points liability.
I'm sorry this is not the news you wanted to hear but I do have a duty to be honest with you.
I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.
Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John
Yes, if you have details then you should use it. My advice above was on the premise you did not have any details. However, if you have a name and potential address then you should use that.
As long as you can identify the driver,, then you will discharge any liabilities in respect of the speeding offence. If the individual in question is unresponsive and/or left the country then that will be a matter for the police to decide if they still wish to pursue them.
No, it does not work like that. The police would not just turn up at your door.
I am glad I was able to help. Have a great day.
I do not believe that is required, but you may choose to do so if you feel it would assist.
Many thanks, ***** ***** best.