A Section 172 notice is a formal request for information that may identify the driver of a vehicle involved in an alleged road traffic offence.

To complete a Section 172 notice correctly, you must provide the driver information requested, follow the submission instructions and respond within 28 days of the notice being served. You should check the details carefully, keep a copy of your completed response and retain evidence showing when and how you submitted it.

This is important, as an incomplete, late or inaccurate response may lead to a separate prosecution for failing to provide driver details. You must respond to a Section 172 notice even if you intend to challenge the prosecution or plead not guilty, to avoid this further charge.

At the same time, you should not guess who was driving or name another person without checking. If you genuinely cannot identify the driver, you must take reasonable steps to establish their identity and keep a record of the enquiries you make.

Here, JMW’s motoring offence solicitors explain how to complete a Section 172 notice form correctly, the common mistakes to avoid and when to seek legal advice before responding.

What Is a Section 172 Notice?

Section 172 of the Road Traffic Act 1988 requires the registered keeper of a vehicle involved in an alleged traffic offence to provide information requested by the police that will be used to identify the driver. Any other person who receives a valid request must provide information within their power that may lead to the driver’s identification. In many cases, this is simply a matter of acknowledging that you were driving at the time, but if someone else was driving, you must take steps to determine who and provide their details to the police when returning the Section 172 notice.

The notice commonly arrives alongside a Notice of Intended Prosecution (NIP), which alerts you that your vehicle was involved in an alleged offence and warns that the police are considering prosecution. Receiving the NIP does not mean you will be charged, and identifying the driver does not amount to admitting speeding, careless driving or another alleged offence.

Who Must Complete the Section 172 Form?

The person or organisation named on the notice must respond.

The registered keeper will often receive the initial notice because the police obtain the vehicle details from the DVLA. However, the registered keeper and the person driving at the time of the offence are not always the same.

For example, the first notice may go to:

• A leasing company
• A vehicle hire business
• An employer
• The previous registered keeper
• A family member who owns the vehicle
• A company responsible for a fleet

That recipient must identify the person or business that had possession of the vehicle to comply with the requirements of the notice. The police may then issue a further Section 172 notice to the person who has been identified as the driver, or proceed directly with the prosecution.

You should not pass the original form to the possible driver and assume that this completes your own legal duty. You should follow the instructions addressed to you and provide the information requested.

What Information Will You Need?

The exact layout and questions will depend on the police force and whether the response is completed on paper or through an online system.

The form may ask for:

• The notice reference number
• The vehicle registration
• Confirmation of whether you were driving
• The driver’s full name
• The driver’s current address
• The driver’s date of birth
• The driving licence number
• The name of the person or organisation that had the vehicle
• Your relationship to the driver or vehicle

Read the entire notice before entering any information. Some forms contain separate sections for the driver, the registered keeper, a company or a person who has sold or transferred the vehicle.

You should complete the section that accurately reflects your circumstances rather than selecting the closest option without checking what it means. Using the wrong section or providing incomplete information could cause the police to treat your response as non-compliant, request further clarification or consider a prosecution for failing to provide driver details. This is a serious motoring offence for which a conviction results in six penalty points and a fine, and it is tried separately to the original allegation.

How Do You Complete the Form if You Were Driving?

If you were driving at the time of the alleged offence, complete the section confirming that you were the driver.

Enter the information requested correctly and check that your name, address, date of birth and driving licence details are accurate.

You should then:

• Sign or authenticate the response as instructed
• Submit it using the method stated on the notice
• Keep a complete copy
• Retain proof of posting or online submission
• Record the date on which you responded

Identifying yourself as the driver does not mean that you admit the original offence. You can still challenge the alleged speed, question the evidence or reject a fixed penalty and defend the allegation at the Magistrates’ Court.

Our guide to challenging a speeding ticket in court explains how you can contest the allegation after complying with the Section 172 requirement.

How Do You Complete It if Someone Else Was Driving?

If another person was driving, provide their details accurately and as fully as the notice requires. You must identify the person who was actually driving on the specified occasion, and take whatever reasonable steps you can to determine their identity, if you were not driving at the time.Do not make assumptions or automatically name:

• The person insured to drive the vehicle
• The person who normally uses it
• The registered keeper
• The person who booked or paid for the journey

Check the information with the driver where possible. If another person had possession of the vehicle but you do not know who drove it, provide the information requested about that person or organisation and explain the position accurately.

Never ask someone else to accept responsibility or name a person merely because they have fewer penalty points. Knowingly supplying false driver details can lead to an investigation for perverting the course of justice, and the prospect of a custodial sentence.

What if the Vehicle Was Hired, Leased or Used for Work?

A hire company, leasing company or employer may receive the first Section 172 notice because it is recorded as the registered keeper.

The organisation should use its records to identify the person or business that had custody of the vehicle. Where a company is responsible for the vehicle, it should have effective processes for recording who uses it. Section 172 contains specific provisions affecting companies and their officers where the organisation cannot identify the driver and did not keep appropriate records.

If your business has received such a notice, you should respond promptly rather than waiting for an employee or external driver to deal with the matter informally.

What if You Genuinely Cannot Identify the Driver?

You should seek guidance from our motoring offences team as soon as possible if you are unable to identify who was driving. The registered keeper may have a defence against a charge of failing to provide driver details if they did not know and could not, despite exercising reasonable diligence, establish who was driving.

Reasonable diligence means making genuine and proportionate enquiries. Depending on the circumstances, these may include checking:

• Diaries and calendars
• Work rotas
• Mobile-phone location information
• Bank, fuel and parking transactions
• Messages between possible drivers
• Vehicle logs and tracking data
• CCTV or doorbell-camera footage
• Insurance records

You should begin these enquiries as soon as you receive the notice. You should carry out a thorough search and keep a record of what you did. 

If you remain unable to identify the driver, seek advice before the deadline. JMW’s failure to provide driver details solicitors will use the records of the searches you made to build a defence strategy should charges be brought. We will also advise you on how to respond without giving inaccurate information.

When Does the 28-Day Deadline Begin?

A written Section 172 notice requires the information to be provided within 28 days, beginning with the day on which the notice is served.

If you are returning a paper form, allow enough time for delivery and retain evidence showing when you sent it.

If serious illness, hospitalisation or another circumstance genuinely prevents you from responding within 28 days, you may have a defence if you provide the information as soon as reasonably practicable afterwards. The court will consider why you could not respond, when you became able to do so and whether you acted promptly at that point.

You should seek legal advice as soon as possible in these circumstances. A solicitor can establish a valid defence for the delay, work with you to preserve supporting evidence and advise you on how to respond without weakening your position.

Can You Correct a Mistake After Submitting the Form?

If you discover a genuine mistake, contact the issuing police force immediately. Explain what was wrong, provide the correct information and follow any instructions about submitting an amended response.

Keep a record of:

• When you discovered the error
• When you contacted the police
• What you explained
• The corrected information submitted
• Any confirmation received

Correcting an innocent mistake promptly is different from changing an account after deliberately providing false information.

If the mistake affects the driver’s identity or the deadline has passed, you should speak to the team at JMW. We will advise on your position and how you should proceed before you make further contact with the police.

How Can JMW Help?

Given the risk of further charges for failing to comply with a Section 172 notice, it is vital to contact an experienced solicitor at your earliest opportunity if you have any concerns. JMW’s experienced motoring solicitors have a strong track record of defending clients in these circumstances.

Speak to us promptly if:

• You cannot identify the driver
• The response deadline has passed
• You believe you responded but the police dispute this
• You have provided inaccurate information
• You have received a Single Justice Procedure Notice
• Six points would place your driving licence at risk of a totting up ban

Our motoring law specialists will review the Section 172 notice, explain which legal duty applies and advise what information you must provide.

Where the driver’s identity is uncertain, we will help you identify the reasonable enquiries available and preserve evidence of the steps taken.

If a response has been lost, submitted late or challenged as incomplete, we will examine proof of posting, online confirmations, correspondence and the precise information provided.

If the police begin court proceedings, we will assess all available defences, prepare the evidence and represent you at the Magistrates’ Court. We will also advise separately on the original motoring allegation, including whether the evidence can be challenged and what penalties may apply.