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DIR Return to: Speeding and other criminal offences
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#Post#: 110057--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: AJJCSN26
Date: February 17, 2026, 6:44 am
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Thank you very much to everybody who responded. It would seem
that as we cannot provide driver details we need to respond as
we did before to the Police and wait for them to either drop the
case (unlikely from what you have all said) or prosecute the
Company
#Post#: 110076--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: FuzzyDuck
Date: February 17, 2026, 8:13 am
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No you need to stop sending them 6 names, it will just piss them
off even more. Doing nothing further seems the best approach.
#Post#: 110079--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: AJJCSN26
Date: February 17, 2026, 8:41 am
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But we have had a letter from the Met Police with yet another
S172 stating its a final opportunity to provide info. Are you
suggesting I shouldn't respond to that letter. In a previous
communication, I provided the names and addresses of all the
people using the car on that morning but no one person was
nominated.
#Post#: 110084--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: 666
Date: February 17, 2026, 8:56 am
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--- Quote from: AJJCSN26 link ---
>
> But we have had a letter from the Met Police with yet another
S172 stating its a final opportunity to provide info. Are you
suggesting I shouldn't respond to that letter. In a previous
communication, I provided the names and addresses of all the
people using the car on that morning but no one person was
nominated.
>
--- End Quote ---
Whether you do not respond, or respond (yet again) with six
names, the outcome will be the same. The RK will be prosecuted.
#Post#: 110097--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: NewJudge
Date: February 17, 2026, 9:28 am
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--- Quote ---
> If you fail to nominate anybody to the satisfaction of the
police, the company will receive a fine of around £5K
--- End Quote ---
Are you sure about that?
Of course I don’t know the setup of your company.
However, the likely fine for the Company (depending on its
finances) will probably approach the maximum (£1,000 but
discounted by third if you enter a guilty plea).
The chances of the Company successfully defending the more
serious charge are very slim. It appears that no “diligence” has
been employed to identify the driver other than to accept it
could have been any one of six people. You do not seem to have
made any other investigations to try to pin it down and if you
(as “the Company”) go to court and offer that as a defence I am
fairly sure you will fail.
However, the likely disposal for a driver for the speeding
offence will be the offer of a course (provided he has not done
one in the previous three years). This will cost around £100 and
a few hours of his time, but no endorsement or points will be
involved.
Any repercussions of nominating the driver most likely to have
been driving are extremely slim. Strictly speaking, doing that
does not meet the requirements of the request – you are asked to
identify the driver, not the person most likely to have been the
driver. But it is a pragmatic solution employed by many people
on here, especially where only individuals are concerned and the
likely outcome for one of them is six points.
It may be worth considering.
#Post#: 110103--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: andy_foster
Date: February 17, 2026, 9:41 am
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--- Quote from: NewJudge link ---
>
> However, the likely disposal for a driver for the speeding
offence will be the offer of a course (provided he has not done
one in the previous three years). This will cost around £100 and
a few hours of his time, but no endorsement or points will be
involved.
--- End Quote ---
--- Quote ---
> Any repercussions of nominating the driver most likely to have
been driving are extremely slim. Strictly speaking, doing that
does not meet the requirements of the request – you are asked to
identify the driver, not the person most likely to have been the
driver. But it is a pragmatic solution employed by many people
on here, especially where only individuals are concerned and the
likely outcome for one of them is six points.
>
--- End Quote ---
If the nominated driver accepts that he was the driver, and
responds to his own NIP admitting to being the driver within 3
months of the unstated date of the alleged offence, then
pragmatism would seem to work, although I would be wary of
advising someone to make a potentially false statement.
However, if the likelihood of an out of court disposal
encourages clarity of recollection. then that would be a
positive. As regards there being no downside to pragmatism,
Constance Briscoe's friend might disagree (although that case
went far beyond "pragmatism", but did serve as a cautionary tale
never to take legal advice from Constance Briscoe).
#Post#: 110107--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: NewJudge
Date: February 17, 2026, 10:00 am
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--- Quote ---
> Since a body corporate cannot receive points, the fine is
likely to be considerably higher.
--- End Quote ---
As the statutory maximum (whether for an individual or a body
corporate) is £1,000, that seems unlikely. Road Traffic
Offenders' Act, Schedule 2:
HTML https://www.legislation.gov.uk/ukpga/1988/53/schedule/2
#Post#: 110119--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: AJJCSN26
Date: February 17, 2026, 12:04 pm
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Thank You NewJudge again for your advice. I can assure you that
I contacted all the drivers several times to ask them if they
could recollect when they were in the vehicle. No one could
remember whether they were the one behind the wheel at 10.02. I
downloaded the camera images from the Met to see if that could
help identify the driver but to no avail. I'm not sure what else
I could have done. The problem is that there is no - most likely
to have been driving because we were all taking it in turns. I
feel uncomfortable asking someone to effectively take one for
the team. I think we will have to respond again to the Met
repeating that it is impossible to complete S172 and take
whatever is going to happen.
#Post#: 110220--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: Brenda_R2
Date: February 18, 2026, 9:12 am
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--- Quote from: AJJCSN26 link ---
>
> But we have had a letter from the Met Police with yet another
S172 stating its a final opportunity to provide info. Are you
suggesting I shouldn't respond to that letter. In a previous
communication, I provided the names and addresses of all the
people using the car on that morning but no one person was
nominated.
>
--- End Quote ---
What was the date of the offence?
Asking for no other reason than if there's been a lot of back
and forth with paperwork about who might have been driving they
might timeout on a prosecution.
Very unlikely but from what you've told us it's probably the
only possible get-out-of-jail card you have.
#Post#: 110310--------------------------------------------------
Re: Re Genuine Do Not know who was driving to complete S172
DIR By: AJJCSN26
Date: February 19, 2026, 6:40 am
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Date of offense was 29th August 2025. I'm sure we won't be that
lucky.
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