Failure To Provide Driver Information
Failure To Provide Driver Information Offence and Fines
When the police have not stopped you or they do not know the identity of the driver
You will have 28 days to provide the information.
If you have
Failure to reply is an offence. It is a harsh penalty and often much more serious than the offence which has been recorded/committed.
What is the penalty for failing to provide driver information?
What happens after an offence has been caught on camera?
If you are the registered keeper of the vehicle alleged to have committed a motoring offence but were not stopped by a police officer at the time of
If you have received a NIP it would be wise to call us for some free advice as to your options at the stage.
Often these list many offences and can put the fear of
I have received a request for the driver's details but cannot remember or be sure who was driving?
If you are the registered keeper and have been charged with failing to provide driver details you may have a defence if you can show that you exercised reasonable diligence to ascertain who the driver was at the time or it is not reasonably practicable to give the information within 28 days or in the case of a driver other than the keeper it is not in his power to provide the information.
There is a greater burden on employers/companies who are expected to maintain clear processes to identify who is driving a company vehicle. Click here for more information for companies.
What is reasonable diligence?
There is no definition and each case will be decided on its merits.
You must be able to show that on a balance of probabilities you did your best to identify the driver.
What can I do to show I exercised reasonable diligence?
There are a number of things you can do to show you have exercised due
- Ask for photo evidence from the police. They don’t always agree to send it out but if you explain you are
struggling theymay be persuaded Even if the photo is of the rear of the car or the police do not send it at least you can show that you asked!
- Ask all possible drivers whether they could have been driving the car on that occasion before nominating them
geta statement from them.
- Check that the other potential drivers were insured to drive the car – otherwise, you will get yourself into further trouble by being accused of permitting someone to drive your car without insurance (6 penalty points)
- Check diary dates/work commitments to try and jog your memory and make a note of when you did this.
- Look at a map and check the route try to establish at which points you may have changed drivers
- Furthermore, be careful about nominating people from abroad. This is
because,the police rarely believe it and tend to think it’s just an attempt to avoid the points.
We have an excellent record in defending these cases. We often get cases dropped without a trial at court or if the matter goes to trial our clients are acquitted.
If you would like some free advice to find
I am not the registered keeper but have been charged with failing to provide driver information, am I still guilty?
If you are not the registered keeper of the vehicle then there is a lower burden on you. For a person who is someone other than the keeper, the law places
I have been charged with failing to provide drivers details but have never received a request?
If you have not updated
However, our postal system leaves a lot to be desired. There is a presumption that the S172 notice will have been served two days after posting. You will have
You will have to show on a balance of probabilities that did not receive the request and therefore were unable to respond.
It is difficult to prove that you did not receive something and you should obtain advice as to what you can do to show that you did not receive the request from the police. If you speak to one of our legal team they will be able to assist.
I have been charged with two offences speeding and failing to provide driver information, will I be convicted of both offences?
If the prosecution
However, if you wanted to plead guilty to the speeding offence we should be able to persuade the prosecution to drop the failure to provide driver details.
You need to speak to one of our legal team if you have been prosecuted for two offences as we will be able to resolve the issues you are facing without too much difficulty.
Not Sure what to do next?
One of our legal team will be more than happy to discuss your options and your concerns FREE OF CHARGE.
Between us we will reach the right option for you.
We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.
We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us
By all means browse our website, check out our services and fees you will find we offer our services at highly competitive rates. You do not have to pay extra for attention and support we
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were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.
Auriga Advocates Ltd is a limited company,
registered office Electra House, Electra Way, Crewe, CW1 6GL, telephone number 01270 509496
Registered No 08928546 and is a law firm authorised and regulated by Solicitors Regulatory Authority SRA No 614279.
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