The only time you have to identify the driver is if you’re asked to do so under oath in court. Follow our advice and you won’t go to court.
WRONG!!!!!!
The statement that “you have to identify the driver under oath in court” is not only legally incorrect—it conflates two entirely separate legal domains: criminal liability under statute and civil liability under contract law.
Criminal Context (e.g. Road Traffic Act 1988, s.172)
• A registered keeper may be statutorily required to identify the driver following a Notice of Intended Prosecution (NIP).
• Failure to do so can result in prosecution for non-compliance, not for the original offence.
• Even then, the keeper retains the right to silence and protection against self-incrimination under Article 6 ECHR.
• Choosing not to identify the driver may lead to penalty, but it is not a breach of law in the sense of compelled testimony under oath.
Civil Context (e.g. Private Parking, Breach of Contract)
• There is no legal obligation whatsoever to identify the driver.
• The claim is based on alleged breach of contract by the driver.
• If the claimant asserts the defendant was the driver, the burden of proof lies entirely with them.
• The defendant is under no duty to assist the claimant, deny the allegation, or provide any information that would support the claim.
• Silence is not obstruction—it is a lawful procedural stance.
In civil proceedings, the defendant’s refusal to identify the driver is not a breach of law—it’s a strategic exercise of their rights. The claimant must prove their case. The court does not compel the defendant to do the claimant’s job for them.