Notice of intended prosecution but the driver has moved and I don't know where he is: what next?

I have been sent an NIP for speeding and sent them a reply advising them of the driver and address. It was an old friend of mine who borrowed the car. He was doing 50mph on a temporary 40 mph zone. Apparently the address has turned up unsuccessful. They have sent me another letter with same details again. What do I do? Am I going to be held liable?

The police probably believe you are making up the details or are supplying bogus information when really it was you who was driving the car. In such a case - or if overseas driver details are supplied - they can require you assist them "by all necessary means." Typically they will demand that you prove the named driver was insured for the vehicle at the time (and hit you with an aiding and abetting and uninsured driver if you can't) and numerous other details regarding there whereabouts - last known address and previous addresses etc.

If you fail to provide the necessary information to prove your friend was eligible to drive and that he was driving the car at the time, the likely outcome is they will serve you with a Section 172 notice which means you will be charged with "failing to identify driver". This is intended to be a punitive enforcement clause and is much more serious than the original speeding offence. It will bring you three points on your licence but the fine is considerably higher, with £400-£600 common and up to £1000 possible.

If a Section 172 is served you will need detailed legal advice and should come back to us.

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