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Templates: You Do Not Know Who Was Driving

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 26 Jul 2017 |
 

There are three templates below which may help if you do not know who was driving your vehicle at the time a speeding ticket was issued.

  1. Letter 1: A template to send to the police to say that you were not driving and/or do not know who was driving the vehicle; and
  2. Letter 2: A template to send to the police after they have sent you photographic evidence; OR
  3. Letter 2: A template to send to the police where they have failed to send you photographic evidence.

When sending the letters, you must fill in the missing details, which are in square brackets such as "[INSERT]". You should use the address which is stated on the Notice of Intended Prosecution. You will also find some text in square brackets with "/" in between. Where this is the case, you must choose which option is applicable to you. You should fill in all dates where applicable and sign off your name at the bottom.

* Please note: These are general templates, which are not to be used for the purpose of disputing a speeding ticket, where you were the driver or know who the driver was. These templates are merely a guide to help you to dispute a speeding ticket, where you genuinely were not the driver and/or you cannot be sure who was driving at the time. These templates are not guaranteed to discharge your liability. Hopefully, this will result in the police dropping the case against you, but this is not guaranteed. You should seek advice from a legally qualified specialist, should you need specific advice in relation to your case.

Template letter 1: You were not driving and/or do not know who was driving the vehicle

[INSERT NAME]
[INSERT ADDRESS]

[INSERT DATE]

Dear Officer in Charge,

Notice of Intended Prosecution [INSERT REFERENCE NUMBER]

I write to acknowledge receipt of your Notice of Prosecution (above-referenced) dated [INSERT DATE] and received on [INSERT DATE].

I have considered the details on the Notice and can confirm that [I was not the driver of/do not know who was driving] the vehicle at the time of the alleged offence. I would be extremely grateful if you could provide all evidence, photograph and otherwise (if any), of the vehicle, so that I can help with the identification of the driver at that time.

Once I am in receipt of this, I will contact you will the name of the person. Please do not hesitate to contact me, should you wish to discuss this further.

Thank you for your cooperation.

Yours faithfully,

[SIGN NAME]

[INSERT NAME]

Template letter 2 - You have received photographic evidence and do not know who was driving the vehicle

[INSERT NAME]
[INSERT ADDRESS]

[INSERT DATE]

Dear Officer in Charge,

Notice of Intended Prosecution [INSERT REFERENCE NUMBER]

I acknowledge receipt of and thank you for sending me the photographic evidence, as requested.

Unfortunately, I have done all that I can to help identify the driver at the time of the alleged offence, which has proved unsuccessful so far.

Having studied the photographs, [I note that it is blurry and unclear and identification has is impossible/I still cannot identify the driver.]

I am making enquiries with the persons who could have been driving at the time. However, in order to ensure this matter is resolved as quickly as possible, I have also provided the details of those persons below:

  1. [INSERT NAME & ADDRESS]
  2. LIST

I have shown the evidence to each of the above individual(s) but none are able to confirm who was driving the vehicle in question at the time of the alleged offence.

I have sought advice on this matter and am sure you will be aware of the case of Detective Superintendent Adrian Roberts in 2001. DSI Roberts stated that he could not say who was driving at the time. Following this, the case was struck out after it was held that the photographic evidence was inconclusive. This was very similar to the present case.

I believe I have done everything possible to identify the driver, having exercised at the very least the "reasonable diligence" requirement as per Section 172 of the Road Traffic Act 1988, subsection 172(4).

I do not think there is anything more I can do except await your response. If you require more information then please do not hesitate to contact me. I do hope that we can avoid this matter going to court and that you are able to identify the driver.

Yours faithfully,

[SIGN NAME]

[INSERT NAME]

Template letter 3 - You have NOT received photographic evidence and do not know who was driving the vehicle

[INSERT NAME]
[INSERT ADDRESS]

[INSERT DATE]

Dear Officer in Charge,

Notice of Intended Prosecution [INSERT REFERENCE NUMBER]

Thank you for your letter dated [INSERT DATE].

I note that you are unable to provide me with any photographic evidence.

I regret to inform you that without this evidence, I cannot do any more to help to identify the driver.

I have been making enquiries with the persons who could have been driving at the time. However, in order to ensure this matter is resolved as quickly as possible, I have also provided the details of those persons below:

  • [INSERT NAME & ADDRESS]
  • LIST
I have shown the evidence to each of the above individual(s) but none are able to confirm who was driving the vehicle in question at the time of the alleged offence.

I have sought advice on this matter and am sure you will be aware of the case of Detective Superintendent Adrian Roberts in 2001. DSI Roberts stated that he could not say who was driving at the time. Following this, the case was struck out after it was held that the photographic evidence was inconclusive. This was very similar to the present case.

I believe I have done everything possible to identify the driver, having exercised at the very least the "reasonable diligence" requirement as per Section 172 of the Road Traffic Act 1988, subsection 172(4).

I do not think there is anything more I can do except await your response. If you require more information then please do not hesitate to contact me. I do hope that we can avoid this matter going to court and that you are able to identify the driver.

Yours faithfully,

[SIGN NAME]

[INSERT NAME]

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[Add a Comment]
Hi - I received a NIP for a speeding offence on a day when both my wife and I were driving, and we genuinely do not remember who was driving at the time of the offence. We can supply witnesses who will confirm we were both in the car, but not who was driving. I've used the first two template letters, the photos supplied by the police were of no help. I've now been told that I'm to be issued a Single Justice Procedure Notice. Will the court believe I don't know who was driving do you think? I've no idea how I can prove that, or that the court could prove otherwise. I'd love some advice on what to do next! Thanks!
dunx - 26-Jul-17 @ 10:05 PM
Hi, I've got caught speeding a 101mph is it an instant ban and if so is their anything I can do to avoid it? Thanks
Duka - 21-Jul-17 @ 7:19 AM
I have received an NIP.I leant my car to 4 friends staying from Spain and we have been unable to work out who was driving.36 in a 40mph zone.I requested photos and all they show is the rear of the vehicle.We have all gone thru diaries, wallets and discussed who it could possibly have been but we at this time are drawing a blank.Other than it wasn't me.I very rarely drive now and I had been taken to hosp that morning and was resting/sleeping in bed for the rest of the day on my return.I've rang a solicitor for advice who states if I do not tell the police the names I will be arrested and charged with withholding information, this has raised my anxiety fears thru the roof.The solicitors state although they would not legally advise it cheapest and quickest solution is for me to take the awareness course on offer and say no more about it!!Otherwise solicitor fees start at 900 for this sort of thing.I've been driving for 25 years plus and have never had to deal with anything like this.All 4 are happy for me to pass on their details.Please can someone advise me what to do, I don't want to be arrested but at the same time I don't want to admit to something I haven't done or even have to pay huge solicitor bills to prove it.I just haven't got those funds.
Humphries - 20-Apr-17 @ 1:44 PM
Gef - Your Question:
Hi,My wife received NIP on 26/3/2017 but I was the driver (alleged offence was 68 in a 60 in a 30/40/50/60/70 variable motorway ACD - limit was 60), the NIP was dated 24/3/2017 however the offence was dated 21/2/2017 as on the NIP notification. Car is lease however NIP was received well over the 14 days after the offence, appreciate there may be a small delay from lease company but 35 days late. Can NIP be rejected as per template letter?Many Thanks

Our Response:
No, not really. The original NIP would have been sent to the registered keeper. The registered keeper has to complete and return it to the police with details of the lessee (and therefore the potential driver). The police then create a new NIP to send to that person. This is lengthy and obviously takes longer than 14 days, so you cannot use the 14 day period.
NoPenaltyPoints - 30-Mar-17 @ 2:45 PM
Hi, My wife received NIP on 26/3/2017 but I was the driver (alleged offence was 68 in a 60 in a 30/40/50/60/70 variable motorway ACD - limit was 60), the NIP was dated 24/3/2017 however the offence was dated 21/2/2017 as on the NIP notification.Car is lease however NIP was received well over the 14 days after the offence, appreciate there may be a small delay from lease company but 35 days late. Can NIP be rejected as per template letter? Many Thanks
Gef - 29-Mar-17 @ 8:57 PM
I bought a car from a guy from Facebook, no v5 as I had to apply for it. I do not remember the person and unfortunately have no details. I received a speeding ticket from a date before I bought the car and now have had a letter through butility unfortunately can't give the information this letter needs and am now worried as it says I could receive a fine upto 2500 and be summoned to court
Ba55thebear - 19-Dec-16 @ 11:19 PM
Tee - Your Question:
Hi,A policeman came to my house with a court summons saying that he was arresting and bailing on the spot and serving me with summons to go to court for refusing to reply to two NIP for two different speeding offences. I wasnt sure about when these offences could have occured so I called the fixed penalty unit the next day (yesterday) and was informed that both incidents occured in July last year (2015) and the NIPs were sent to my former address. they also said the case was taken to court this year in June. I had moved from my former address by January 2015, but didnt change my home address for my car and license. I want to request for the photo evidence for more information but I dont know what angle to take regarding this as I already have 3 points on my licence and I am a new driver. I have a court date on the 5th of dec. Any advice would help,Thanks

Our Response:
At this stage you should seek professional legal advice as this has already been to court.
NoPenaltyPoints - 30-Nov-16 @ 12:11 PM
Hi, A policeman came to my house with a court summons saying that he was arresting and bailing on the spot and serving me with summons to go to court for refusing to reply to two NIP for two different speeding offences. I wasnt sure about when these offences could have occured so i called the fixed penalty unit the next day (yesterday) and was informed that both incidents occured in July last year (2015) and the NIPs were sent to my former address. they also said the case was taken to court this year in June. I had moved from my former address by January 2015, but didnt change my home address for my car and license. I want to request for the photo evidence for more information but I dont know what angle to take regarding this as i already have 3 points on my licence and I am a new driver. I have a court date on the 5th of dec. Any advice would help, Thanks
Tee - 29-Nov-16 @ 10:16 AM
Rob - Your Question:
Hi guys, I was pulled over on the motorway on 23rd October by an officer who was trailing me an measuring my speed. He advised me in his vehicle of the offence and issued me a ticket. However I did not receive the NIP until the 16th of November (letter was dated 11th November) do I still have a case to challenge this due to the 14 day period passing or as I was informed roadside does that count as notifying me? Thank you

Our Response:
The latter is correct, you were identified at the roadside so an NIP need not be issued (hence the 14 day rule doesn't apply).
NoPenaltyPoints - 21-Nov-16 @ 10:43 AM
Hi, I received an NIP from the police for doing 48mph on a 40mph road. the alleged offence occurred on 27/08/16 and their letter is dated 17/11/2016. I intend to reject the NIP on the grounds that it was sent to me after the 14 day However i am still required to still complete the Section 172(driver/keeper)statement? Thanks PUN
Depfour - 18-Nov-16 @ 8:25 PM
Hi guys, I was pulled over on the motorway on 23rd October by an officer who was trailing me an measuring my speed. He advised me in his vehicle of the offence and issued me a ticket. However I did not receive the NIP until the 16th of November (letter was dated 11th November) do I still have a case to challenge this due to the 14 day period passing or as I was informed roadside does that count as notifying me? Thank you
Rob - 18-Nov-16 @ 8:33 AM
Andymc - Your Question:
Hi thereI was stopped by the police for speeding on 17th Feb, I received the conditional offer of fixed penalty ( 3 points & £100 Fine ) in the post dated 20th April, As this is past the 14 days requirement (I am hoping this is not an urban myth) am I lawfully required to accept this? or can respond as time as lapped and not except the prosecution.Thanks for your time/advice

Our Response:
No the time limit refers to the service of an NIP (Notice of Intended Prosecution). The purpose of this is to verify the driver of the vehicle. Since you were stopped at the time of the offence, the officer would have been able to establish your identification at the time, so an NIP was not necessary. You have therefore been sent a Fixed Penalty Notice, which tells you want the penalty is.
NoPenaltyPoints - 26-Apr-16 @ 10:41 AM
Hi there I was stopped by the police for speeding on 17th Feb, I received the conditional offer of fixed penalty ( 3 points & £100 Fine ) in the post dated 20th April, As this is past the 14 days requirement (I am hoping this is not an urban myth) am I lawfully required to accept this? or can respond as time as lapped and not except the prosecution. Thanks for your time/advice
Andymc - 25-Apr-16 @ 7:17 AM
Hi team. A couple of days ago I had a small incident with a Red Light Camera. Long story short my gear stick was stiff, the driver behind me kept beeping at me to move and when the gear stick finally went into gear there were no cars left in front of me as they have all crossed the traffic lights/cross road. I started speeding up, max 20mph as I was still in 1st/2nd gear and I noticed the lights changing from green to yellow. At this point I thought I still have a second of yellow left to cross the intersection as the alternative was to break suddenly and I was scared this is going to hurt the baby because of the seat belt - 25 weeks pregnant. The road looked clear so I kept going, but I noticed at the last second that the light has turned red, but it was too late to stop... Then I saw the flash and when I checked online, there is a red light camera there. The problem I have is that in 2013 when I started driving in this country, I got caught by the same speeding camera 4 days in a row, doing 35mph. I've done a speed awareness course and accepted 9 points on my licence for the other 3 tickets. So now my situation is as it follows: currently 9 points on my license that are going to be wiped off in 7 months and most probably another 3 points coming for the other night's incident. Considering my baby is due in Feb 2016 and I will be going on maternity leave to look after him, it will make my life very difficult to do so without a car, considering he'll be a winter baby and the remote area where we live in. Any advise on how I can approach this and similar cases would be of great help. I'm thinking to go down the route of asking for the photographic evidence to see if the driver is identifiable. If the picture is clear, what options do I have to keep my licence? I believe it's ridiculous that points stay on your license for 3 years and if you get suspended, then that's for a whole year! Would it have made a difference if I had a EU license and not a UK one? Or would the DVLA still be aware of the points, etc..
PregnantLady - 5-Nov-15 @ 4:31 PM
Sandy - Your Question:
Hi there, Great to know this site exists. I have received a speeding ticket ,going 38 in a 30 zone. My brother was using the van at the time, but does not recollect going over the limit at the time. hes ok for his address to be given to the police, however he normally lives in India, and holds an Irish driving license. I presume it unlikely that the police will be able to pursue this, but would appreciate any advice you may have. Thanks sandy

Our Response:
We cannot really say what the police will do in this situation unfortunately. There are however, mutual recognition arrangements between Ireland and UK in relation to disqualification.
NoPenaltyPoints - 30-Sep-15 @ 11:40 AM
Hi there, Great to know this site exists. I have received a speeding ticket ,going 38 in a 30 zone. My brother was using the van at the time, but does not recollect going over the limit at the time. hes ok for his address to be given to the police, however he normally lives in India, and holds an Irish driving license. I presume it unlikely that the police will be able to pursue this, but would appreciate any advice you may have. Thanks sandy
Sandy - 29-Sep-15 @ 1:24 PM
Do I have to send back the NIP form with any letter a send and if so what information should I put on the NIP if Any?
reddevil77 - 28-Sep-15 @ 6:55 PM
Wattsy - Your Question:
Hi, I received a notice of intent of prosecution for speeding. But I could not confirm who was actually driving at the time, I've used one of your template letters to gain photography evendnce. I can prove I wasn't driving at the time due to work commitments. But unfortunately it could still be my wife or my son who were both driving around the time of offence. In the photos sent, we can't even make out if one or two people were in the car at the time, the photos are clear but doesn't show the driver. Even If we could see only one person in the car it would make things a bit easier. I would have been my wife. My son has offered to take the points but it that wrong if he wasn't the driver? Any help or advice would be greatly appreciated. Kind regards W

Our Response:
Yes you should write back and say you are still unsure but can give them all the names and addresses of the possible drivers. They may drop it or it may go to court. There is more information in this guide about what happens next.
NoPenaltyPoints - 2-Sep-15 @ 12:33 PM
Hi, I received a notice of intent ofprosecution for speeding. But I could not confirm who was actually driving at the time, I've used one of your template letters to gain photography evendnce. I can prove I wasn't driving at the time due to work commitments. But unfortunately it could still be my wife or my son who were both driving around the time of offence. In the photos sent, we can't even make out if one or two people were in the car at the time, the photos are clear but doesn't show the driver. Even If we could see only one person in the car it would make things a bit easier. I would have been my wife.My son has offered to take the points but it that wrong if he wasn't the driver? Any help or advice would be greatly appreciated. Kind regards W
Wattsy - 30-Aug-15 @ 1:21 PM
@Allan. You would need to give the police as many details as possible. If you don't know your friend's address, give them his full name, date of birth, approximate whereabouts, previous addresses etc. This will undoubtedly go to court, so you may need to be prepared to attend as a witness. Here's the guide to what to do when you don't know who was driving (we know you already have the template).
NoPenaltyPoints - 4-Aug-15 @ 2:20 PM
Hi there. I have received a penalty notice in the post as I am the registered keeper that I was doing 59 in a 40 zone by average speed camera's . A so called friend was driving my vechle at the time with my permissionwhich i regret letting him do now, how ever he no longer lives at the address I have specified in reply of the notice I sent back to them. Will this come back to me and go to court if you know. It wasn't me driving and now he has moved address. I have recently fell out with this person so I wouldn't have details of his new address. What would possibly be the outcome of this ? I would really like some advice please if you could help. Thank you
Allan - 3-Aug-15 @ 12:28 AM
@Monty. Yes the 14 day rule might apply as it was not sent within 14 days of the date of the offence. Try that angle although if you've already asked for evidence about who was driving it might be too late. If you are still unsure as to who was driving just say so to the police. It may then proceed to court for a decision.
NoPenaltyPoints - 10-Mar-15 @ 2:16 PM
I am the registered keeper of a vehicle that was caught on a mobile camera unit travelling at 88mph in a 70 limit. The date of offence on the NIP is listed as 18/02/15 (the date on the notice is 03/03/15) and the NIP was actually received in the post to my address on the 04/03/15.My first question is does this constitute a breach of the 14 day time frame? I contacted the ticket/camera office on the morning of receipt of the NIP (04/03/15) and asked them for photo evidence as I was unable to confirm the driver at this time. The photos received do not clearly show who was driving.The ticket office advised I could try using the zoom function but it is a low resolution image and only makes the pixels larger and blurs the photo. Would you suggest at this stage that I use the template letter 2 stating I have received the evidence etc but I am still unable to identify the driver? I'm am unsure who was driving at the time (but it cannot be me as I already have 9 points) Thanks in advance for any advice Kind regards Monty
Monty - 9-Mar-15 @ 9:36 AM
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