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Failure to Provide Driver Details / Furnish Information
If you have been accused of failing to provide information to police following a motoring offence, our solicitors can help you.
Did you fail to receive a Notice of Intended Prosecution (NIP) and Request for Driver Details? Did you co-operate but were unable to identify the driver? Did the police not receive your response to the NIP?
If so, get in touch with us for some free initial advice. But remember, because of the time limits applicable in cases of this kind, time is of the essence.
One of our expert motoring solicitors with expertise in dealing with allegations of failing to furnish information is waiting to talk to you. Call us free on 0800 804 8159 or complete our quick online enquiry form and we will get back to you as soon as we can.
Failing to tell police who is driving a car when an offence has allegedly been committed is an offence itself.
Ordinarily, if a person has committed a motoring offence and they have not been stopped by the police, a Notice of Intended Prosecution (NIP) will be sent to the registered keeper of the vehicle within 14 days of the alleged offence. They would then be given 28 days from receipt of the notice to respond.
The penalty for failing to provide driver details is six points and a fine of up to £1,000. This is quite serious considering most minor motoring offences attract a penalty of less than six points. You may not have even been driving yet you could still receive six penalty points for failing to provide the relevant information to the police.
If you are an individual and the DVLA has you registered as being the ‘keeper’ or ‘owner’ of the vehicle that is alleged to have committed an offence, you will be guilty of failing to furnish driver details if you fail to name who was driving the vehicle at the time of the alleged offence.
However, if you are unable to establish who was driving the vehicle at the time of the alleged offence, you may have a defence. It would not be enough to simply say you cannot remember. You would have to demonstrate to the court that you exercised “reasonable diligence” in trying to establish who was driving. It would be for the court to decide whether or not your actions amounted to ‘reasonable diligence’. The defences that are available to companies are slightly different.
If you are not the registered keeper of the vehicle, the law on what you need to do is slightly more relaxed. You are only required to provide information that is in your power to give, which could assist the authorities in identifying who was driving the vehicle at the time of the alleged offence.
Maybe you have received an NIP and you are unable to identify who was driving, or perhaps you were suffering from postal problems and did not receive the NIP?
If you don’t know what to do, call us now and receive some free initial advice from one of our expert motoring offence solicitors. Call 0800 804 8159.
Whatever you do, you must not do any of the following:
- Claim you didn’t receive the NIP when you did
- Name someone else as a driver when you know they were not
- Name someone else as a driver because they live abroad and you think they will escape penalty points as they do not have a UK licence
The penalty for perverting the course of justice is very severe. In most cases a conviction for perverting the course of justice is imprisonment. Is it really worth it? The loss of your liberty for the sake of avoiding penalty points or a disqualification from driving? For expert advice, freephone 0800 804 8159.
You may have received a summons that alleges not only have you failed to furnish information, but you have also committed another motoring offence, such as speeding or failing to stop at a red light. Confused? How can you be prosecuted for the original offence when the authorities do not know the identity of the driver? Isn’t that why you are being prosecuted for failing to furnish information?
If this is what you are thinking, then you are right. Despite this, the CPS may continue to prosecute you for both offences up until the day of trial. If you find yourself in this predicament, you need our help. We can help you avoid a conviction for both or at the very least one of the allegations.
The specialist motoring offence solicitors at JMW are here to help you understand your rights and ensure you have the best possible chance of avoiding a conviction, fine or points on your licence.
Our team has many years of experience supporting motorists and, as a result, you can be sure that you will receive only the best legal advice, regardless of the situation you find yourself in.
Partner and Head of Department
Business Crime, Regulation & Driving Offences