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 perhaps perhaps because it is an offence recorded on camera they will issue what is known as a S172 Notice which is a request sent to the registered keeper to supply information about the driver.

You will have 28 days to provide the information.

If you have a S172 notice call us now free of charge because we can provide advice which may help you avoid a prosecution.

 


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?

It carries a penalty of a level 5 fine which is unlimited and 6 penalty points whilst a minor motoring offence would only carry 3 points.

If you are in doubt as to what you should put on the form call one of our specialist solicitors now for free advice.

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 commission of the alleged offence, then you should receive the Notice of Intended Prosecution (NIP) within 14 days of the alleged offence.

NIP Calculator

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 god into you but a quick call to us will put your mind at ease.


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.  

Of course the police must prove service of the request and if you can show that it was not delivered then the prosecution have failed in their duty to prove proper service.

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 diligence :-

  • Ask for photo evidence from the police. They don’t always agree to send it out but if you explain you are struggling  they may 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 get a 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 out  whether you have a defence do not hesitate to call one of our specialist solicitors who will be able to assist you.

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 an duty only to provide the information that is in your power which could assist the police in identifying the driver at the time of the alleged offence.

 

I have been charged with failing to provide drivers details but have never received a request?

If you have not updated the your details with the DVLA it is unlikely that you could use this argument as a defence unless you can show that you had arranged a mail forwarding service or regularly checked at the old address for mail.

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 rebut this presumption.

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 have sent a S172 notice it will mean that they cannot identify the driver so it would be difficult to prove the offence of speeding.

Usually the CPS will continue with both offences until the day of trial and then offer no evidence on the speeding matter. They will then proceed to trial on the offence of failing to provide driver information.

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.

 

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  • Andrea was very quick to respond and gave sound advice from the on-set. She was pro-active in gathering relevant and appropriate information to support the case. Andrea was supportive throughout  and as our advocate presented professionally in court achieving the best possible result.’

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  • A big thank you to Auriga Advocates. As an IT contractor I have been riding my motorcycle all across the UK for the last few years. In that time I managed to clock up 9 points. With another 3 on their way I found myself in the serious danger of losing my licence due to “totting up”.

    Andrea’s assistance in putting together a case for exceptional hardship at short notice was invaluable, without this and the excellent representation in court I would have struggled to have put my case forward with the concise delivery and merit that is required in these cases. Andrea from Auriga was supportive and has a genuine concern for people’s welfare, at the same time professional, thoughtful and of course very knowledgeable in her field. Thank you Andrea for all your help and for the excellent result that we had on the day

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  • Auriga couldn’t have done more for me in a time of need and worry.  Their professionalism and calm manner helped take the worry away.  What could have been a disqualification has ended with 6 points.  If you need advice and help look no further than Andrea and her team.  So professional and caring and at a very reasonable cost, I couldn’t recommend Andrea highly enough, don’t hesitate in making that call to Auriga, their timely actions gave me a genuinely good result.

    Mr R Kent

  • Thanks to you all for a great service!  Have been really pleased with your efforts from start to finish and the regular updates you’ve provided.  Your reassurance has been like a breath of breath air in a time of uncertainty, and although you’ve provided a great service i must say i’m most pleased about the result!”

    The result was discontinuance of the offence and full refund of fees after a claim for defendant costs out of central funds.

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