Failing to Furnish Driver Identity - Section 172 notices

In circumstances where a driver is not stopped by the police, typically because of evidence of a moving traffic offence being obtained by a camera – such as with offences of speeding and contravening a traffic light, it is mandatory that the police send a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle within 14 days of the commission of the offence that is alleged (the trigger offence). The NIP must be received within those 14 days.

Anyone receiving an NIP has 28 days to respond to, or query, the notice and it is essential to speak to us before you return it so that we may outline the various options available to you. It is also crucial to obtain specialist advice, if you receive a Summons alleging that you have failed to identify the driver of a vehicle, before you respond to it or tell the Court how you wish to plead. In most cases we are able to deal with the matter without you even attending Court!

There are a number of ways to challenge an allegation that a motorist has failed to furnish driver identity. At Olliers motorlaw we will offer you advice as to which way forward is best, having considered the circumstances of your case.

Using our expertise, we are able to exploit the frequent evidential difficulties that appear in such cases as a result of poor preparation by the Central Ticket Office personnel and the Crown Prosecution Service.

Penalty

Whilst conviction for this offence now results in 6 penalty points being endorsed on your driving licence, anyone convicted of an offence which took place before 24th September 2007 will only accrue 3 penalty points. Additionally, the Court will impose a financial penalty of up to £1000.

The Magistrates do have discretionary powers to disqualify for this offence, although this power is rarely used.

Where the offender is a company there is no power to impose penalty points as a company cannot hold a driving licence.