Has a friend borrowed your car? Has your colleague driven your car for work? Family members? It can be a common practice, however, what if they accidentally speed or break the law. The car is still registered to you. This means the first point of contact will be you. Regardless if it is your best friend or a family member. You will need to respond to the offence.
The problem still remains. The speeding offence or driving offence will still need to be received. Speeding, going through a red light or even overtaking where you’re not permitted. This will lead to an offence. In some cases, there might be clear evidence suggesting it was the person who borrowed your car. Nevertheless, your duty as the registered keeper will be to respond accordingly.
What if I cannot find the offender?
In some cases, the offender will be easily contactable. Where you will be able to explain the situation to in order for them to take responsibility for the offence. This is a picture-perfect situation. In some cases, you will find the offender will deny being the driver. What does this mean? Who will help? What can I do? He borrowed my car to go shopping? Did she borrow my car to go work?
Generally speaking, the prosecution will have to prove you were driving. This does not mean you will not need to provide details of the offending driver. What if the person has changed address or given you a false address, or no longer is contactable. You will need to respond within the deadline. If any delays occur you will be liable and need to remember this is your duty.
I am innocent!
If you proceed down the route of contesting or appealing this matter, you may receive fines for not providing information of the offender. If the offender denies committing the offence this will leave you to “pick up the pieces”. In some cases, you might feel it is easier to take the three points, the fine and move on with your life, however, if this going to affect your insurance, possibly lose your license. Then it is important you seek sound legal advice.
No one will be able to predict the results, what you can be sure of is the procedure. Barristers (Lawyers) are specialist when it comes to procedure. Our specialist barristers will be able to give you legal advice to guide you to a route which suits you.
Our driving offence barristers at ShenSmith can help you with your matter. Call us on 0203 627 9580 or email us at [email protected]