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Company cannot identify driver to name on Notice of Intended Prosecution
We are a small limited company with quite a few vehicles and drivers and have just been issued with a NIP for speeding 36MPH in 30MPH limit. I cannot identify who was driving and nobody will take responsibility. What would you suggest I do?
You are required to show diligence in attempting to discover the driver and increasingly the courts require fleet owners to have logs as to who was driving at the time. The courts are increasingly prosecuting such cases. The Chief Constable of South Yorkshire was recently prosecuted for failing to identify - a case which resulted in a £500 fine. See:
It is possible to assert diligence to the satisfaction of the court but you are likely to need detailed legal advice and maybe have them undertake negotiations with the CPS prior to the case on your behalf.
The Roadside Lawyer will initially provide expert motoring solicitor support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation. The solicitor will have been briefed and read about the background to your case. After the consultation they will provide email notes and guidance detailing how you should best proceed. If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you (usually with junior counsel) the initial call cost will be waived.
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