I received a 'Notice of Intention to prosecute' asking for the name & address of the driver of my car, due to a recording of excessive speed (38 in a 30 zone).

The incident was 31/03/12 on a road near my house that leads to the supermarket that I use at least once a week, leads to my mother-in-laws house (who we also visit at least once a week) and also to my sister-in-laws house (who we also visit regularly).

At the time of the incident, my husbands car was SORN and so at weekends we were both using my car (SORN from 01/03/12 - I have the acknowledgement letter from DVLA to prove this) - either individually, or if we were out together it could be any of us driving.

There is a photograph available to view online, but there is no way I can determine who the driver was from this photo. Because of this, I am not able to say for absolute certainty who was driving on this specific occasion.

The fact is - it is either myself or my husband; and if I could say for sure I would do so. The paperwork that I have received states that there could be a fine of up to £1000 - it would be easier, cheaper & less stressful for one of us to 'own up' but I am not comfortable doing that as there is only a 50% chance of that being the truth. Surely to do that would be just as bad a saying 'I don't know' when really I do.

I have now received a summons for the initial hearing on 3rd September, and am worried what the outcome will be. I would greatly appreciate any advice you can give me.