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Failure to Provide Driver Information

Where a vehicle is alleged to have committed a driving offence but the vehicle was not stopped by the police, the registered keeper must be informed of the intention to prosecute the driver within 14 days of the offence by way of a Notice of Intended Prosecution (NIP/s172 notice). This document gives the registered keeper the opportunity to identify the driver normally within 28 days. Failure to provide this information is an offence which attracts 6 penalty points (increased from 3 to 6 points on 24th September 2007) and a fine of up to £1,000.

Where it is impossible for the registered keeper to identify the driver at the time of the offence it is a defence to show that you exercised reasonable diligence in trying to ascertain who the driver was. Reasonable diligence requires significant effort on the part of the registered keeper. As the registered keeper of the vehicle you will be required to give evidence as to these efforts at court and provide evidence such as requests for photographs, consideration of diaries etc. The more evidence you can present the greater your chance of proving your defence.

If you are unsure as to who was driving, a starting point is to request a copy of the photographic evidence from the police to assist you.

However, an allegation that a driving offence has been committed does not necessarily have to lead to a conviction. It still falls to the police and or the prosecution to prove the offence.

Failure to provide driver information is a complex issue that requires expert legal advice from a solicitor that specialises in driving licence offences. If you have failed to return a s172 Notice of Intended Prosecution on time, or if it has been alleged that you have failed to do so, our solicitors can help. Do not simply accept the contents of a summons, call our specialist driving offence solicitors now and we will assess your defence and ensure the best possible outcome for you.

Call 0870 164 2372 now for a consultation with a Pannone Driving Offences Solicitor or Lawyer.