NIP's and Human Rights

Receiving a Notice Of Intended Prosecution

We get to hear about all sorts of crazy arguments that people raise in order to try and avoid responsibility for a road traffic offence.

We know that you are often desperate but if you put forward crazy arguments without merit you will often end up getting yourself into even deeper water  than you were in to start with.

If you contact us and tell us what's happened we will be able to tell you whether or not you have a legitimate defence and stop you from getting yourself into trouble with some of the ropey arguments raised below.

DDS brings you the top ten myths chart;

Number 1 myth

Asking me to tell you who was driving is a breach of my human rights!

I am the registered keeper of a vehicle and I have been asked to provide the identity of the driver of my vehicle when an alleged offence took place. I understand that the prosecution have to prove the allegation against me beyond reasonable doubt and therefore I don't have to tell them anything. My human rights say that I don't have to incriminate myself by providing this information.

Wrong!!

This argument is a dead duck. Its been argued over and over again and all the way to the European Court Of Human Rights. The ECHR has clearly stated that the keeper of a vehicle can't be required by law to provide information as to the identity of the driver when the vehicle is involved in an alleged road traffic offence, and that this compromise is proportionate to the needs to maintain road safety.

Therefore you can be required to name the driver of the vehcile at the time of an alleged offence and you can be punished if you don't. (s.172 RTA 1988 - 6 points and a whacking great fine!)

Myth 2

I have purchased a car and I haven't insured it because I am covered on my policy for my old car. My policy covers me to drive any vehicle owned by another person with their permission. I haven't registered the new car in my name yet so it is still owned by another person.

Wrong!!

If you have paid for the car, or part exchanged it for another and you have entered into a legal binding contract you own it. You don't have to be the registered keeper to be the owner of the car. Therefore you are not driving a car owned by another person and therefore you are not insured.

More myths coming soon.........