Failing to Provide Information as to the identification of a driver

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IYDL M23Law specialise in defending clients on all types of Motoring / Road Traffic cases such as failing to provide information as to the identification of a driver.

Where a driver is not stopped by the police at the time of an alleged offence, a Notice of Intended Prosecution (‘NIP’) will normally be sent to the registered keeper of the vehicle within 14 days. Section 172 (2) of the Road Traffic Act 1988 states that where the driver of a vehicle is alleged to be guilty of an offence to which the section applies:

(a) The person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give (by the police), and
(b) Any other person shall if required as stated above give any information which it is in his power to give and may lead to the identification of the driver.

Defence cases include:

- No notice was received; evidence of postal interruptions / difficulties, access difficulties to your address, mail theft.
- Response was sent but not received by the police.

Penalty:

- £1,000.00 maximum fine.
- 6 penalty points or disqualification from driving.

It can, in some instances be very difficult to establish who the driver was at the material time. We frequently represent clients who find themselves in this predicament. Due to the time limits it is important not to delay in dealing with your response. Contact us as soon as possible for our guidance. If you have received a postal requisition to attend court for an offence under this section, contact us. 

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