Common mistakes are ignoring the letter completely, answering it but not putting the necessary details in, answering the letter weeks after receiving it and answering the enquiry by telephone.

 

If the person in receipt of the letter, whether the registered keeper, or person who has been named as the driver, does not answer the Police letter they commit a criminal offence which will lead to a fine of up to £1000 and 3 penalty points (and also possible disqualification!). Furthermore, the driver can still be prosecuted for speeding, with the failure to name another driver being used as evidence that they were the driver!

 

It must be added that the recipient of a Police letter can avoid being prosecuted if they can show that they did not know who was driving and took reasonable steps to find out. However they still need to reply to the letter.

 

The situation is even more complex with a company. For example, a company should keep a record of who was driving a vehicle at a specific time and journey unless it is reasonable for such a record not to be kept. Also, an officer of the company may be found guilty and punished for the same offence just for neglecting to ensure such records are kept.

 

If you do receive a letter addressed to you:-

A solicitor can advise you on your duty to reply, assist you with completing your reply to make sure all the necessary information is provided, and help you with taking reasonable steps to find out who was driving if you do not know. If the Police are dissatisfied with the reply, the solicitor can negotiate on your behalf to avoid a prosecution.   He can advise you on your options and ensure that the outcome is the best possible outcome for you.

 

If you require advice and representation in connection with any road traffic matter, please do not hesitate to contact our team of qualified road traffic specialists, headed by Jeremy Scott, on 01904 683106.