Q618: I have received a Notice of Intended Prosecution but I can't remember who was driving?

The registered keeper or the named person in charge of the vehicle concerned is required by law to name the driver or person responsible for the vehicle at the time of the alleged offence. It is not acceptable to simply say you cannot remember or do not know who was driving it at the time.

If you are unsure who was driving it is advisable to check any records you may have, for example if it is a company vehicle check log books, delivery sheets etc. If it is a family car check diaries, phone records, bank statements etc.

Under Section 172 Road Traffic Act 1988 it is the responsibility of the registered keeper to know who is driving the vehicle at all times. Failure to do so in itself is an offence punishable by a fine of up to £1000 plus 6 penalty points.

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