Failing to supply details of driver: What if the photographic evidence is weak?

I received a Notice of Intended Prosecution but I cannot be sure who was driving at the time of the offence.  When I asked for the photographic evidence, it simply initiated Court proceedings for failing to supply the identity of the driver.  Do I have a valid claim as I have reason to believe that the ‘evidence’ in question is weak and when I asked for the evidence I am simply summonsed to Court?

There is a strict obligation to reply to a Notice of Intended Prosecution within 28 days.  If you do not supply the identity of the driver in that time, it can be argued that you have failed to meet your obligation.  If you do not know who was driving, but believe the photograph will assist you, you should ask to see same but when requesting a photograph, you should ask that your time for supplying the information be extended until you have had ample opportunity to consider the evidence.  Although the Process Unit do not have to co-operate, they would normally do so and if a Summons were issued in these circumstances, the Court will not be overly impressed, given that you can show a genuine effort to deal with the matter.

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