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Failure to provide information

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Failure to provide driver details after receiving a Notice of Intended Prosecution (NIP) is a criminal offence. 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. Under section 172 of the Road Traffic Act 1988 it is the keeper 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. 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.

If you fail to return the form within the 28 period, you will be summoned to the Magistrates Court. 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.

You have 28 days from receiving the NIP to provide driver details. If you fail to do so, you will face charges for failure to supply information. If you are facing prosecution for failing to provide information contact our specialist motoring offence team on 01772 220 022.

Penalties for failing to provide information

For failing to provide information you could receive 6 penalty point endorsements on your licence and a fine of up to £1,000.

It is vital you complete the form to the best of your knowledge, failure to do so could result in a conviction for perverting the course of justice. If you have received a NIP but you weren't driving the vehicle at the time of the offence and you're unsure of what to do, contact us for advice on 01772 220 022.

If you can prove that you have done everything in your power to determine who was driving your vehicle at the time of the offence and have evidence that you have exercised reasonable diligence to establish who was driving the vehicle, this could be a valid defence to avoid prosecution.

If the notice was never delivered or was delivered outside of the 14-day period, the notice of intended prosecution may be void. However, if you have moved and failed to notify the DVLA of your new address which meant that you didn't receive the NIP, you would still be guilty of the offence of failing to provide information as it is your responsibility to make sure your details with the DVLA are kept up to date.

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.

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FAQs

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.

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Our dedicated Motoring Offences team

David Scully

David Scully

Senior Associate

Crime

PinChorley

Call07976 255000

Gareth Price

Gareth Price

Partner

Crime

PinBlackburn

Call07976 272000

Simon Gretton

Simon Gretton

Partner

Crime

PinPreston

Call01257 260600

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Contacting Us

Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed