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volvo-v60 - failure to furnish (update) - biloxi

I refer to my message below sent a week or two ago (thread now closed ). See update after message.

Dear Honest John Team

I am in a bit of a predicament. About two moths ago i was served with a 'Notice of Intended Prosecution' under section 172 Road Traffic Act 1988 for failing to stop at a red light. Now i am not the registered keeper of the vehicle but at that time the vehicle had been entrusted into my car while the registered keeper was away. Naturally they received the initial notice and nominated me as the one who was keeping the vehicle at the time of the incident occurring.

Having received the notice from the police i responded accordingly, stating that there were a number of people at my residence who could have gained access to the vehicle at the time. These people had visited from overseas and had returned at the time the notice was served. I made some enquiries and identified a possible driver. He was not aware he had jumped a red light (inadvertently or otherwise) but admitted having used the vehicle at a point about the date of the offence. He could not confirm the date for sure but was happy for me to provide his details. I responded to the Police with his International Driving Permit Number, Name and address. They wrote back informing me that they would chase up the information. I didnt forsee any subsequent issues. Today i have received a letter from the police stating that

"Upon their enquiries and from the information received, i regret to inform you that your recent nomination of a foreign driver has failed to be substantiated" As a result of an unsatisfactory response under Section 172 Road Traffic Act 1988, i must advise you that it is intended to take proceedings against you for the offence of failing to furnish. A summons may be expected at a later date.

I really dont know what to do. Several thoughts run through my head. I am wondering if the driving details provided to me by my guest were not genuine and i am presently unable to contact him. I also didnt request any photographic evidence at the time they initially wrote to me in case it was someone else driving. Please help urgently. I am desperate

UPDATE:

Upon considering legal options, i decided that the legal route was not for me due to the cost involved. I wrote to the police myself indicating that that i wasnt pleased with the comment: " i regret to inform you that your recent nomination of a foreign driver has failed to be substantiated" and the fact that i would be receiving a summons.

I indicated that i had provided all the information required of me and done all i could within reason. I further stated that i was neither satisfied or convinced that they had deployed sufficient resources and exhausted options available (within reason) in substantiating the information i had provided. I asked them that if they felt otherwise, i would require evidence of their efforts. I concluded that i expected them to consider their position and move to take no further action in the matter.

Thank fully they did the decent thing. Common sense prevailed and this matter has now been closed with no legal costs. Thanks for all your support

volvo-v60 - failure to furnish (update) - pda

So it would seem that the advice of ifithelps may have been right after all?

Pat

volvo-v60 - failure to furnish (update) - ifithelps

...So it would seem that the advice of ifithelps may have been right after all?...

Modesty forbids, but if I post on this board in future I hope I may at least be given the chance to develop my argument without attempts at character assassination from other posters.

As I've commented in another place, the best general lesson from this case is if you lend your car to anyone, keep the fullest written record you can.

Coppers - and courts - like things like that.

The OP aroused suspicion because when first asked, he was a bit flakey as to who may have been driving.

Had he been able to produce a written record straight away, I reckon the police may well have been satisfied by that.

volvo-v60 - failure to furnish (update) - Max Headroom

The OP aroused suspicion because when first asked, he was a bit flakey as to who may have been driving.

Had he been able to produce a written record straight away, I reckon the police may well have been satisfied by that.

Why is it the OP's duty to furnish any of these details? Is it not the duty of the registered keeper to do that?

Why should the OP have to furnish details of who was driving when he is not the registered keeper?

When the OP's name was given to the Police, the OP should just have said the information given to them was wrong as he was not the driver at the time, and ask the Police to go back to the registered keeper fo seek further details.

volvo-v60 - failure to furnish (update) - biloxi

The vehicle was in the custody of the OP at the time of incidence and not the registered keeper. The registered keeper directed the police to the OP as the one who would be able to provide information about the driver. The OP argued with authorities that although the vehicle had been placed in his custody for specific reasons he was not the driver at the time of incidence and therefore was liable to furnish the required information, which he did