Failure to provide information
A Notice of Intended Prosecution can be confusing, and getting it wrong can lead to far more serious consequences than the original offence.
Our motoring law specialists will review your notice, explain your options in plain English and help avoid unnecessary penalties.
What does 'Failure to provide a information' mean?
You’ll receive a Notice of Intended Prosecution (NIP) when the police believe your vehicle was involved in a motoring offence. By law, the owner of the vehicle must identify who was driving at the time or provide all information that could help determine the driver.
Most people want to understand what the notice means. But what many don’t realise is:
You risk receiving 6 points on your license
The notice must meet strict legal requirements to be valid.
It must be served within certain time limits
Your response must contain specific information, or you risk a separate offence
This is where early legal advice can make a significant difference. We can:
Check whether the notice was issued correctly
Advise you if you're unsure who was driving
Help you draft a compliant response that protects you
Identify if there are grounds to challenge the notice
We’re here to help you avoid mistakes at the earliest stage. Call us on 01772 220 022 or complete our contact form with no obligation to pay.
Penalties for failing to provide information
Not responding to a Section 172 notice is often treated more seriously than the original motoring offence. If the police believe you didn’t provide the required information, you may face:
6 penalty points on your licence
A fine of up to £1,000
A court summons
Potential disqualification if you already have points
While the fine itself is significant, the real long-term impact often comes from the six penalty points, which can drastically increase your insurance premiums for several years. You may risk losing your employment if driving is essential to your job.
While the fie itself is significant, the real long-term impact often comes from the six penalty points, which can drastically increase your insurance premiums for several years. You may risk losing your employment if driving is essential to your job.
Many prosecutions happen not because someone refused to provide information, but because:
They didn’t realise the notice was invalid
Their response didn’t meet the legal threshold
They were genuinely unsure who was driving
They replied late due to confusion or paperwork issues
We help you avoid these situations by:
Reviewing your notice and deadlines
Assessing whether the police have followed the correct procedures
Explaining your obligations in plain English, so your response is lawful
Acting quickly if you're already facing prosecution
In many cases, early advice prevents the need to go to court. This may save you stress, points, and significant long-term costs. Call us on 01772 220 022 or complete our contact form with no obligation to pay.
Penalties for failing to provide information
Not responding to a Section 172 notice is often treated more seriously than the original motoring offence. If the police believe you didn’t provide the required information, you may face:
6 penalty points on your licence
A fine of up to £1,000
A court summons
Potential disqualification if you already have points
While the fine itself is significant, the real long-term impact often comes from the six penalty points, which can drastically increase your insurance premiums for several years. You may risk losing your employment if driving is essential to your job.
While the fie itself is significant, the real long-term impact often comes from the six penalty points, which can drastically increase your insurance premiums for several years. You may risk losing your employment if driving is essential to your job.
Many prosecutions happen not because someone refused to provide information, but because:
They didn’t realise the notice was invalid
Their response didn’t meet the legal threshold
They were genuinely unsure who was driving
They replied late due to confusion or paperwork issues
We help you avoid these situations by:
Reviewing your notice and deadlines
Assessing whether the police have followed the correct procedures
Explaining your obligations in plain English, so your response is lawful
Acting quickly if you're already facing prosecution
In many cases, early advice prevents the need to go to court. This may save you stress, points, and significant long-term costs. Call us on 01772 220 022 or complete our contact form with no obligation to pay.
Company vehicles
Companies should keep accurate records of who was driving what vehicle on any given day at any given time so that the driver of the vehicle can be identified in any eventuality.
Company vehicles
Companies should keep accurate records of who was driving what vehicle on any given day at any given time so that the driver of the vehicle can be identified in any eventuality.
Failure to provide information FAQs
What is a Notice of Intended Prosecution (NIP) and when must it be served?
If you have been caught committing a driving offence but not stopped by the police at the time of the offence, you will be served a Notice of Intended prosecution. The police have 14 days to serve the NIP. If you don't receive this within a 14-day period of the offence taking place, the prosecution may be void, unless the vehicle was involved in an accident.
The NIP will be served to the registered keeper of the vehicle.
What does failure to provide information mean?
Failure to provide information is failure to return details of the driver at the time the offence was committed. If an offence has been committed and you were not stopped at the time of the offence, you should receive a notice of intended prosecution and a request for driver details. Both forms should be completed to the best of your knowledge within 28 days of receiving the notice. If you fail to do so, this amounts to failure to provide information which is a serious offence.
If you have failed to provide information and are facing prosecution speak to a specialist motoring offence solicitor on 01772 220 022 or send an email.
What happens if I ignore a Notice of Intended Prosecution (NIP)?
Ignoring a notice of intended prosecution is a serious offence and you will face charges for failure to provide information. If you fail to return the form within the 28-day period, you will be summoned to the Magistrates Court and will be facing prosecution for a much more serious offence as well as the original offence. For failing to provide information you will receive a fine of up to £1,000, 6 penalty points on your driving licence and/or a disqualification from driving.
You must not withhold information as this is a much more serious offence.
If you have been served a NIP and are unsure of what to do next, we can advise you. Speak to a specialist motoring offence solicitor on 01772 220 022 or send an email.
I don’t know who was driving the vehicle at the time of the offence, will I be prosecuted?
Under section 172 of the Road Traffic Act 1988, it's the owner of the vehicle who is responsible for identifying who was driving the vehicle at the time the offence took place. If you don't know who was driving at the time of the offence, you must have a genuine reason as to why you are unable to identify the individual who was driving your car at the time of the offence. If you can prove that you have exercised reasonable diligence to establish who was driving the vehicle, this could be a valid defence to avoid prosecution.
If you don't know who was driving the vehicle at the time of the alleged offence, do not just ignore the NIP, speak to a solicitor at Forbes as soon as possible, who will be able to advise you on what to do next 01772 220 022.
What is the penalty for failing to provide information?
Failure to provide information could result in 6 penalty point endorsements on your licence and a fine of up to £1,000.
If you have failed to provide information and are facing prosecution, speak to a specialist motoring offence solicitor on 01772 220 022 or send an email and we can advise you on what to do next.
Can I get into trouble for ignoring or misusing a NIP?
Do not just ignore the NIP, speak to a solicitor at Forbes as soon as possible, who will be able to advise you on what to do next 01772 220 022.
You must not deliberately withhold information or not be truthful about the person who was driving at the time of the offence, as this is a much more serious offence. If the police find that you are actively misleading them, they could prosecute you for perverting the course of justice.
If you do know who was driving the vehicle at the time of the offence, do not simply pass the NIP onto them. You must return the document.
Our dedicated Motoring Offences team
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