Need advice regarding NIP.

[saf]

Ive been away for a few months and in that time the 2 peole i gae access to the car, have managed to go through a red light.

I came back to recieve a reminder. I wrote to them stating I was not in the country and not sure whom it was that drove the car. It wasnt me for one a sI have evidence of beign abroad. The 2 peole that have had access said they dont recall it because it was so long ago and they sure they never went through any re dlights. In the camera pic it loks like the car just went through on the line.

What can i do as I wasnt the one driving. They want me to name a driver or recieve 6 points and a fine.

thanks

[tanoga]

Ive been away for a few months and in that time the 2 peole i gae access to the car, have managed to go through a red light.

I came back to recieve a reminder. I wrote to them stating I was not in the country and not sure whom it was that drove the car. It wasnt me for one a sI have evidence of beign abroad. The 2 peole that have had access said they dont recall it because it was so long ago and they sure they never went through any re dlights. In the camera pic it loks like the car just went through on the line.

What can i do as I wasnt the one driving. They want me to name a driver or recieve 6 points and a fine.

thanks

If you can prove that you was out of the country you are in the clear for the red light offence. If you can show that you have taken all reasonable measures to find out who the driver was you are not likely to be convicted for not naming the driver. Word to the wise though, can you prove that the 2 people who had access to your car while you was out of the country had insurance

[saf]

Yes they both had insurance that allowed them to drive cars on a third party basis that were insured on there own cars too. They used my car at ifferent times, because their cars were off the road and needed repairing. the car was used quite frequently. bot drivers dont have previous points on their licences and I know they wouldnt go through a red light knowingly. Thats besides the case anyway. But thanks for the reply.

[mbelle]

Personally I think the only sure way to put you in the clear with this is...

1. As tanoga says, provide the evidence that you were out of the country at the time of the offence.
2. As a NIP states, you need to either confirm it was you driving, or provide the details of who was. It may feel like snitching on friends or family but, really, you need to state both drivers who you gave access to your car.

That moves it away from you. They will then likely receive NIP's and they'll either confirm it was them, or not reply; either way they know you weren't driving the car so can't turn around and mention you.
If they did, they would technically be perverting to course of justice...

Just my opinion...

[travs]

Agreed - dog-eat-dog world. You have to at least give their names or you'll receive points for something you didn't do.

[saf]

IF I was away at the time, Am I still considered the keeper of the vehicle, in which regards woudl the person ive relinquished the keys to get the 6 points for failing to know who took the keys from them. It woudl be a way out as they only have a provisional licence and dont drive anyway. As the person at the time was the keeper of the vehicle as I was aborad. Woudl this work?

[tanoga]

IF I was away at the time, Am I still considered the keeper of the vehicle, in which regards woudl the person ive relinquished the keys to get the 6 points for failing to know who took the keys from them. It woudl be a way out as they only have a provisional licence and dont drive anyway. As the person at the time was the keeper of the vehicle as I was aborad. Woudl this work?

You are the registered keeper of the vehicle and you only gave consent to 2 people to drive the car. If anyone else drove the car then I would assume that they would be driving it without your consent which would open up a whole new can of worms. I wouldn't have thought anyone other then the registered keeper can be prosecuted for not naming a driver. In the eyes of the law it is your car and you should in all reasonable circumstances know who was driving the car or at least be able to narrow it down to a few drivers who you could ask personally. Anyone who knowingly states they were driving the car when they know they weren't is committing perjure, and that is jail time.
Do what you are legal obliged to do and name the 2 drivers and then leave it up to the authorities to deal with it as you will then be in the clear.

[mbelle]

Exactly. What tanoga says is true, however in this circumstance, without you making a court appearance, having someone who didn’t have your consent to drive your car convicted of this (or indeed TWOC), would be quite difficult, especially when you could just name the drivers and have them sort it between them.

From the law’s perspective, the Registered Keeper is responsible for any vehicle they are Registered Keeper for – if you cannot name any drivers, they will just hold you accountable and thus issue you with the penalty, and you don’t want that mate…