Failure to Provide Driver Details

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Failure to Provide Driver Details

Did you fail to receive a notice of intended prosecution (NIP) and request for driver details? Did you cooperate but were unable to identify the driver? Did the police not receive your response to the NIP? If you have been accused of failing to provide information to police following a motoring offence, our solicitors can help you.

Get in touch with us for some free initial advice. 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 0345 872 6666 or complete our quick online enquiry form and we will get back to you as soon as we can.

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Failure to Provide Information Explained

Failing to tell police who is driving a car when an offence has allegedly been committed is an offence itself, known formally as a Section 172 offence (S172) in line with the Road Traffic Act 1988, or sometimes referred to as a failure to furnish information penalty.

Ordinarily, if a person has committed a motoring offence and they have not been stopped by the police, an 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.

What Should You Do if You Have Been Accused of Failing to Provide Information?

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 do not know what to do in this situation, call us now and receive some initial advice from one of our expert motoring offence solicitors.

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.

Failure to Provide Driver Information - Fighting Two Allegations

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.

You may be prosecuted for both offences up until the day of trial. If you find yourself in this predicament, we can help you avoid a conviction for both or at the very least one of the allegations.

What are the Penalties for Failing To Provide Driver Details?

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. For more information about failure to provide driver details S172 sentencing guidelines, speak to our expert solicitors today.

How will my driving record and licence be affected if I am convicted of this offence?

Penalty points you incur from a failure to provide details of driver road traffic offence will remain on your licence for four years from the date of the offence. If you accrue 12 or more points within a three-year period, you could face a 'totting up' disqualification, which means you could be disqualified from driving for at least six months. Additionally, certain insurance companies may increase your insurance premiums based on the points on your driving licence or refuse to insure you altogether.

Are there any potential mitigating circumstances that could reduce the severity of the penalty?

Genuine attempts to identify the driver, lack of previous convictions, evidence of good character, or an immediate response to the NIP may carry weight when attempting to reduce a penalty, but this is not for definite. Our solicitors can work with you to identify opportunities for this and maximise your chances of reducing a penalty.

It is worth noting that the court has discretion in the application of penalties and will consider each case on its individual merits.

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.

I do not know who was driving the vehicle at the time of the offence, will I be prosecuted?

If you genuinely do not know and cannot determine who was driving, you may not be automatically prosecuted. However, you are expected to have taken reasonable steps to identify the driver. These steps might include checking dates, times, locations, and speaking with potential drivers of the vehicle. If you are unable to identify the driver despite taking reasonable steps, you should seek legal advice. Each case is unique, and a legal professional can provide you with advice tailored to your specific circumstances.

Can I challenge the accuracy or validity of the police's request?

It may be possible to challenge the accuracy or validity of the police's request for driver details. There are certain legal requirements that the police must meet when issuing an NIP. For instance, if the NIP was not sent within 14 days of the alleged offence, it may be invalid. It is strongly recommended that you seek legal advice before taking this step. JMW can help you determine whether a challenge is feasible and guide you through the process.

What happens if I ignore a Notice of Intended Prosecution (NIP)?

Ignoring an NIP can lead to serious consequences. If you fail to respond to a NIP, you may be charged with failing to provide driver details. It is essential to respond to an NIP, either by accepting the offence and paying the fine, or by providing the necessary driver details. If you are unsure about how to respond to a NIP, it is recommended to seek legal advice.

Do I need to attend court, or can my solicitor represent me on my behalf?

For offences such as failing to provide driver details, it is not always necessary for you to attend court in person. Many cases can be handled by written correspondence or by your solicitor representing you on your behalf. However, the specifics can vary depending on the details of the case, the court's requirements, and whether you plan to plead guilty or not guilty. If you plead not guilty, a trial will most likely be necessary and your attendance may be required. It is best to discuss these details with your solicitor, who can provide advice based on your unique circumstances and the specific legal requirements.

Why Choose JMW?

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.

FAQs About Driver Detail Offences and Intended Prosecution

How does providing driver details relate to company vehicles?

The responsibility of providing driver details is not restricted to personal vehicles; it extends to company vehicles as well. If an offence is suspected to have been committed in a company vehicle, the company itself, as the registered keeper, will usually receive a Notice of Intended Prosecution (NIP). The company is legally obliged to provide the details of the individual who was driving the vehicle at the time of the alleged offence. If the company fails to provide this information, it can be charged with the offence of failing to provide driver details. It is important for businesses to keep accurate records of which employees are using company vehicles at any given time.

Will a conviction for failing to provide information impact my future employment opportunities or travel plans?

A conviction for failing to provide driver details is considered a criminal offence and will be part of your criminal record. Depending on the nature of your employment or the requirements of your prospective employer, this could potentially affect future employment opportunities. For example, if you are applying for a job that involves driving, or if an employer carries out a DBS (Disclosure and Barring Service) check, this conviction may have implications.

As for travel, it is unlikely to directly impact most of your travel plans. However, some countries, such as the USA, have strict immigration policies and may deny entry to individuals with certain criminal convictions. It is advisable to check the entry requirements of the countries you plan to visit and seek legal advice if you are unsure.

Talk to Us

If you want to speak to us about anything to do with the failing to provide information offence, call our team on 0345 872 6666. Alternatively, fill in our online contact form and someone will be in touch as soon as possible.