"Reasonable diligence" defence to failing to disclose driver after NIP

I received a Notice of Intended Prosecution (NIP) which I responded to with the names of three possible drivers. They said I could be prosecuted if I didn't name the driver and I am unable to do so. It has been nearly 3 months since the NIP so does this mean they are going to take me to court very soon or they are not going to? I don't want to go to court if there's a chance they could give me a greater fine and penalty points for not remembering who was driving. If I got 3 written statements of the 3 possible drivers giving reasons why they do not remember, is there still a chance I could get fined for not knowing?

We're currently seeing Section 172 offences (failure to disclose driver) about to come to court which date from April last year -- the delay in bringing prosecutions varies from area to area --  so you are far from out of the woods as regarding their having waived it.

My guess is they will issue a summons against you under S172 but if you can prove "reasonable diligence" then you have a defence against it. The case would be greatly assisted if you can get the court to accept that the driver was not you but one of the three others. Statements from these people as to the particular reasons why they did not know who was driving will greatly enhance your personal position. It may be better to try and deal with it before any such summons is issued.

You need detailed legal advice from a specialist motor solicitor to do this. If you use our service the initial exploratory call will be free but if they undertake work on your behalf you will incur costs which will be advised in advance so you can take an informed decision.

The first problem you face is that the Hamilton aquittal was well publicised and numerous people attempted to use the same defence and the courts quickly realised many of these were spurious. The second is that the Hamilton acquittal was largely viewed as somewhat perverse (the reason that NIPs are required to be served so quickly is that there would only be very rare circumstances where people would not be able to remember/discover who was driving) and it is likely that a 'clarification' of Hamilton and Section 172 of the Road Traffic Act has been issued to lay magistrates.

Neither of these are insurmountable and in line with your original request I will ask a solicitor to call you for a free initial consultation.

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