Have you failed to respond to a letter from the police asking for the name of the driver who committed a driving offence?
If your vehicle has been accused of an offence such as speeding or driving through a red light and you weren’t driving, you are liable to name the person who was driving within 28 days. In most cases the police have up to 14 days to notify you. If you receive this notice after the 14-day period, the intended charges are usually void.
Here are a few points on what not to do if you are accused of this. It is a serious crime for perverting the court of justice.
Claim you never received the letter (they will know).
Name someone else as a driver when they were not. For example: your Grandmother as she no longer drives, or someone who lives abroad and doesn’t use a UK license.
If accused, you may be charged with what is known as failure to furnish. This can lead to harsh penalties and the courts never show much sympathy. You can receive up to 6 penalty points, a hefty fine or even a disqualification.
If you have been accused of failed to name a driver, it doesn’t necessarily mean you will be convicted. Many mistakes can happen along the way; these notices are mass produced by a computer. The staff who operate these tickets commonly misapply the law, this can then lead to your ticket being void. Another way to challenge this is if the driver can prove they had intentions to provide the name of the driver as soon as was reasonably possible.
Please contact our expert solicitors today to prepare your defence.