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Old Nov 7, 2004 | 04:28 PM
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Weevil
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Originally Posted by Itsmeagain
i thought if couldnt prove who driving they jus give the car owner the points
No. The keeper of the vehicle has a statutory obligation to provide details of who was driving the vehicle at the time of the offence. Failure to supply the information is a separate offence carrying 3 points and up to £1000 fine. However, there is a defence and that is where the keeper has been unable to establish who was driving the vehicle at the time. But for the defence to succeed the keeper needs to do more than just say "I don't know who was driving". Pleading such a defence inevitably leads to a prosecution so the keeper needs to demonstrate what enquiries he has made in trying to establish who was driving. If the magistrates are satisfied with that the keeper will be found not guilty of failing to supply.

There has been a court case recently (Mohindra v DPP) which appears to have tipped the balance in such cases back into the motorists favour. This court found that the "keeper" of the vehicle is not necessarily the "registered keeper" and the information requirement is only on the "keeper" of the vehicle. An as yet untested defence to a charge of failing to supply information as o who was driving is simply the registered keeper saying "I was not the keeper of the vehicle involved in the offence at the time of the offence, and so the information of who was driving is not in my power to give." And that should be the end of it....
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