You may receive “A Notice of Intended Prosecution” in your post. Your vehicle may have been “flashed” going through a red light or exceeding the speed limit. You have 14 days to reply and failure to identify the driver could lead to you acquiring points on your licence.
If you do receive such a notice it would be sensible to consult an expert before completing it. Any reply by you may be used in evidence and so it is important not to admit to something you haven’t done!
To avoid a conviction you need to show that you have used “reasonable diligence” to try to identify the driver at the time of the original offence. As a first step you should consult a map to identify the location of the camera and your diary to see where you may have been on that day and at that time. There may be other drivers of the vehicle too who may need to be consulted. A fleet of vehicles (such as a taxi company) is expected to have a written record of those who drive its vehicles.
There is a higher burden on you if you are the registered keeper but a person other than a keeper may be required to identify the driver too but only if it is within your “power”.
Ignoring such a Notice will be an offence. Of course you may not have actually received it in the first place so that when you receive the summons you may have a defence. You may have moved homes or others may have interfered with your post. Although you may have to establish the circumstances of your failure to reply it is crucial that such summonses are not ignored as despite the fact that you are not guilty you will be found guilty in your absence.
Sometimes the first thing you know about one of these cases is when a Court bailiff arrives at your door as after conviction he eventually tracks you down for not paying the fine! In such a case there are options and we can discuss these with you. All you have to do is phone us.
“Kaufman & Co. helped both myself and my clients when it seemed that our licences were at risk. It was their assured presence at court that gave me confidence when I had to appear before the Magistrates since which time I have referred my own clients to them”.