Failing to provide driver details is an offence if you are requested to do so by the Police. Under s172 of the Road Traffic Act 1988, the Police are entitled to ask the registered keeper (or subsequently identified driver) who the driver was at the time of an alleged offence. The Police will send out a Notice of Intended Prosecution (NIP), requesting the driver details. Once you receive the NIP, you have 28 days to respond.
What if I don’t respond?
If you do not respond, a summons will be issued and the Magistrates Court may conclude that you are guilty of failing to provide driver details. Upon being found guilty, you will face 6 penalty points being added to your driving licence and a fine of up to £1,000 together with prosecution costs.
Can I fight the case?
Yes, if you are unable to identify who the driver was, after making all reasonable enquiries, then you can argue before the Court the defence of due diligence. If the Court accept that you had made all reasonable enquiries, then they will find you NOT guilty of failing to provide driver details.
If you claim, that you never received the NIP, you will need to show to the Court that there is a problem with your mail delivery, as the Police will send more than 1 letter requesting the identity of the driver.
Do NOT be tempted to present false details as to who the driver was, as to do so is a very serious offence of Perverting the Course of Justice and if found guilty you are likely to result in a prison sentence.
Trident Solicitors have a proven track record of successfully defending these cases.
If you have received a Notice of Intended Prosecution or a summons for failing to provide driver details, contact Carl today on 01482 227669 for your free initial consultation.
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