#4 Re: Nip received after 2 months.
on 22 Sep, 2024 15:39 in Speeding and other criminal offences
Quote from: andy_foster on 22 Sep, 2024 14:54If it helps jog your memory, if your convenient friend happens to be what many seem to refer to as an "international driver" - which in actual English translates to foreigner, or otherwise not resident in the UK, and you name them as the driver, the police will immediately ask you to prove that they were insured (knowing that foreign insurance will not cover them, and knowing strongly suspecting that the friend either wasn't driving or wasn't even there).I note that whilst your post was not a witness statement sworn to be the truth, the whole truth and nothing but the truth, you make no mention of asking your friend if he recalls the incident, merely that he has "gone back to home". Most people would find it curious that you appear to be seeking legal advice before making any attempt to get your heads together with your convenient friend to try to work out who was driving.I also note that you make no mention of making any attempt otherwise to determine who was driving, instead preferring to set out your excuse that the incident was so long ago and that your friend has "gone back to home".The law requires you to name the driver. If you are unable to do so, you arew required to provide any information that is in your power to give that might lead to the identification of the driver and there is becomes part of a defence if you you are able to persuade a bench of magistrates, on the balance of probabilities, that you both do not know who was driving and cannot with reasonable diligence work out who was driving.My post was a brief summary of the issue I have and I didn't give the full details. Being new to this site - I just wanted an idead if this is the sort of thing I could get help/advice with. I wondered whether there is a time limit when a NIP should be sent to me, as I'm sure I'm not the only person that can't remember what I was doing on the 26th June this year. I was being honest with the fact that it coincided with when my friend was visiting but - I can't be 100% sure who was driving on that day as other people in my household have access to the vehicle and are fully insured to do so.Thanks for your response all the same.