If you’ve received a Notice of Intended Prosecution (NIP) or a Section 172 request and failed to respond, you may be facing a charge of Failing to Furnish Information. This is a serious motoring offence that can result in six penalty points and a substantial fine.
At Olliers Solicitors, our specialist motoring law team has extensive experience defending clients accused of this offence. We can help you understand your legal position and explore all available defences.
If you’ve received a notice of intended prosecution or a request pursuant to section 172 of the Road Traffic Act 1988 from the police to identify the driver of a vehicle, failing to respond may mean you face a charge for an offence known as failure to furnish driver details. This offense typically occurs when the registered keeper of a vehicle does not respond to a request for driver information within the required 28 days or provides incomplete or inaccurate information. While it may sound minor, the consequences for failing to furnish driver details is hefty with a minimum penalty of six penalty points and a fine up to £1,000. Whilst failing to furnish driver details offences are serious, it has become incredibly common for the motorist to name other people stating that they were driving, often stating they were from out of the country or unreachable by other means. This is something which you should never do under any circumstances. Providing false information to the police often leads to an investigation and potentially a charge for perverting the course of justice, which more often than not leads to a prison sentence. The potential of penalty points being endorsed on your license is not worth the risk of going to prison. Failing to furnish driver detail cases are not always clear-cut. Sometimes the notice and requirement never arrive. Other times, it may be difficult to assess who was driving at the material time. In many cases, you may have a legitimate defence that we can explore to avoid a disqualification altogether. It is important to note that the legal obligation to provide driver details applies equally to companies and their vehicles. Companies are expected to maintain accurate and up-to-date records of who is using their vehicles and when. By doing so, a company ensures their ability to respond to the notice of intended prosecution and also demonstrates that if they have taken reasonable steps to identify a driver of one of their vehicles, if there is any uncertainty on who was driving. Unlike individuals, companies can only receive a financial penalty for the offence of failing to furnish driver details. Though, it is not uncommon for the police to pursue an allegation against the company director or the company secretary if no response is received. Whether you are an individual or a company, all ears can help. Our team specialise in motoring law and we understand both the technical and practical defences available in failing to furnish cases. We’ll take the time to review your situation, explain your options clearly, and work with you to achieve the best possible outcome. If you’ve been accused of failing to furnish driver details, don’t leave it to chance. Get in touch with Olliers today for clear advice and expert representation.
What Is Failing to Furnish?
Under Section 172 of the Road Traffic Act 1988, the registered keeper of a vehicle is legally required to identify the driver at the time of an alleged offence (such as speeding or contravening a red light). Failing to respond to this request within 28 days can result in prosecution.
Penalties for Failing to Furnish Driver Information
If convicted of failing to furnish, the penalties can include:
- 6 penalty points on your driving licence
- A fine of up to £1,000
- Potential impact on your insurance premiums
- Risk of disqualification under the totting-up procedure
Common Defences
There are several potential defences to a charge of failing to furnish, including:
- You did not receive the notice (e.g. due to postal issues or incorrect address)
- You exercised reasonable diligence in trying to identify the driver
- You were not the registered keeper at the time of the offence
- The notice was not served correctly or was defective
Each case is unique, and our team will carefully assess the circumstances to determine the best course of action.
What if I Did Not Receive the Notice?
If you did not receive the notice of intended prosecution, then this can amount to a defence. For this defence to be successful, there would be a reverse burden on the defence to establish on the balance of probabilities that it was more likely than not that you did not receive the NIP.
This would not be a defence if you did not receive the NIP due to failing to update your registration details with the DVLA.
What if I Don’t Know Who Was Driving at the Time of the Offence?
If you genuinely do not know who was driving the vehicle at the time of the alleged offence, you may not be automatically prosecuted. However, under Section 172 of the Road Traffic Act 1988, you are legally required to provide information that may identify the driver.
To avoid prosecution, you must demonstrate that you did not know and could not, with reasonable diligence, have ascertained who the driver was.
Reasonable steps might include:
- Checking diaries, calendars or work schedules
- Reviewing journey details such as time, date and location
- Speaking with anyone who may have had access to the vehicle
If, after taking these steps, you are still unable to identify the driver, it is important to seek legal advice. Each case is assessed on its own facts, and a solicitor can help you present your position clearly and lawfully.
What if I Provided Details After the 28 Days?
Even if you have provided details after the 28 days has lapsed, this may amount to a defence. Pursuant to Section 172(7) of the Road Traffic Act 1988 outlines that it is a defence to show that either you gave the information as soon as reasonably practicable after the end of the period or that it has not been reasonably practicable to give it.
How Does Providing Driver Details Apply to Company Vehicles?
The legal obligation to provide driver details applies equally to company vehicles as it does to personal ones. When a suspected motoring offence involves a company vehicle, the Notice of Intended Prosecution (NIP) is typically sent to the company, as the registered keeper.
The company is then legally required to identify the individual who was driving the vehicle at the time of the alleged offence. Failure to do so may result in the company being prosecuted for failing to furnish driver information which can carry significant penalties.
To comply with this duty, it is essential that businesses maintain accurate and up-to-date records of who is using each vehicle and when. This not only helps in responding to NIPs but also demonstrates that the company has taken reasonable steps to identify the driver if there is any uncertainty.
Why Choose Olliers?
- Decades of experience in motoring law
- A proactive, strategic approach to defending your case
- Clear, honest advice from the outset
- Representation in both the Magistrates’ and Crown Court if required
Contact Olliers – Motoring Law Specialist Solicitors
If you’ve been accused of failing to furnish information, don’t delay. Early legal advice can make all the difference.
Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).
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- 0161 8341515
- info@olliers.com
- Fourth Floor, 44 Peter Street, Manchester, M2 5GP
