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It's not as serious as you might think. I cannot remember the last time we lost a "Failure to Identify Driver" case and I can certainly assist you with this one.
I have detailed our full legal backgrounder on Section 172 - Failure to Provide Information (below) but it is long and it can be overwhelming as the information it provides as it is designed to cover all bases.
I am happy to provide you free legal advice as to your individual circumstances on a one-to-one basis but this should not be published in an open forum.
Please send me a copt of photos and any information particular to your case to asklucy@honestjohn.co.uk and I will pick them up and reply privately.
Section 172 Offences - Failure to Identify Driver Charges - Backgrounder.
If you are the registered keeper and a vehicle registered to you is suspected of being used by someone committing a road traffic offence then Section 172 of the Road Traffic Act 1988 requires you to provide furnish details of the driver to the police so charges can be brought against them.
Should you fail to furnish the police with the identity of the driver as the owner or keeper of the vehicle you can be charged with the separate offence of "Failing to furnish information" as to the driver.
The penalty for failing to provide information if found guilty is 6 penalty points on your licence and a fine of up to £1000.
Section 172 (S172) penalties for failing to furnish information are particularly severe as this is an enforcement offence aimed at forcing the registered to keeper to comply with the law and identify the driver by providing information to the police.
Section 172 of the Road Traffic Act 1988 means that the offence of failing to furnish information will usually carry more penalty points than the original alleged offence (perhaps for speeding or a red traffic light caught on camera) had the driver been identified and prosecuted for these offences.
The reason the penalties are higher is so as to encourage the owner to furnish information about the driver to the police.
Although the penalty is higher for failing to provide information than for the original driving offence if you can satisfy the court that you have genuinely and dlilgently attempted to identify the driver at the time but were unable to do so and hence cannot furnish the police with the required information you are likely to be acquitted of the Section 172 (S 172) offence. Furthermore whether you used sufficient effort to attempt to discover the identity of the driver and hence had a reason for failing to furnish information is a subjective one - to be decided by the court - whereas the original offence for speeding or running a red light may be supported with photographic evidence which is often difficult to dispute. However claiming that you were not able to furnish information may not be accepted by the court and requires expert arguments.
The offence of failing to furnish information has become widely used with the camera enforcement of motor offences - particularly speeding but also for red light offences.
The police must write to the registered keeper of a vehicle within 14 days of the offence being committed. The letter will include a Notice of Intended Prosecution and a legal Request for Information. If the registered keeper then fails to furnish information as to the driver to the police within 28 days they are likely to be prosecuted under Section 172 of the Road Traffic Act 1988. The act applies to companies if the car is registered to a corporate entity or organisation -- however in the case of corporate ownership penalty points cannot be given but the fine imposed is likely to be much higher (expect £500 - £1000) than for an individual.
If the NIP and request to provide details under Section 172 of the Road Traffic Act is delivered more than 14 days after the offence then the prosecution for the original offence may well fail but the keeper is still obliged to furnish information as to the identity of the driver. In these circumstances you need detailed legal advice from me.
The police may have a photograph of the car used in committing the motoring offence and proving that an offence was committed but because the photograph is usually taken from the rear for safety reasons, they are unable to identify who was driving the car at the time.
Prosecution for failing to furnish information about the driver under Section 172 of the Road Traffic Act
Neither a car (nor more correctly, its keeper) can be charged with an endorseable driving offence -- one that carries penalty points -- a person has to be charged with it.
Thus Section 172 of the Road Traffic Act 1988 is an enforcement offence ensuring justice can proceed once the keeper has furnished the police with information as to who was driving the car at the time..
Section 172 requires the registered keeper of the vehicle to furnish information to the police as to who was driving the car at the time of the offence. Should they fail to do so face the risk the separate offence of Failing to Identify Driver and of receiving 6 penalty points on their own licence and a fine of up to £1000.
The chances are with a family car that either the keeper was the driver or was a close member of their family was driving. There is a natural reluctance to furnish information as to who was the driver even if the person who was driving at the time is known to them in the hope that they can avoid prosecution for the original offence. For this reason Section 172 of the Road Traffic Act 1988 was an attempt to provide a degree of compulsion for the registered keeper to identify who was driving the car at the time and to furnish that information to the police.
Failure to provide details is a paper offence - usually at least two requests for details of the driver are sent by the police but post can get lost and the first you may know of it is when you receive a summons in the post. If this is the case you have a very good defence but you must not ignore it - you need to seek help immediately. Use our "ask a question" button to seek immediate free legal help.
We have a 100% success record in defending people charged under Section 172 of the Road Traffic Act 1988 for failing to furnish information but we need to assist you before you go to court. Do not risk trying to defend yourself without at first seeking free legal assistance from Honest John's motor offence defence team. This is a complex offence to defend which the court requires is addressed by the defence in certain ways. If you attempt to go it alone the likelihood is you will be convicted and will be punished with six penalty points.
These offences are beatable but as with any criminal defence the secret is meticulous preparation, assembly of the evidence and expert advocacy. You will not succeed if you turn up on the court on the day and expect them to accept your word that "I just cannot remember who was driving at the time" or worse still, as some people do of writing to the court to that effect and expecting them to dismiss the case.
Under no circumstances ignore a threat of prosecution for failing to provide details, or attempt to defend a Section 172 offence without seeking some legal help or try to deal with the case by post. If you do the chances are you will get six penalty points and a very stiff fine.
The good news is that if you successfully prove to the court that you genuinely cannot say who was driving there will be no penalty points for anyone and furthermore you will recover the legal costs you have paid to your legal team in defending your case.
The bad news is that if you lose and the court convicts you of the S172 failure to furnish information offence, it could - in theory at least - also convict you of the original motoring offence if it believes "beyond reasonable doubt" that you were also the driver of the car at the time.
That said because of our high success rates we would always suggest you defend a S172 offence if you genuinely have any doubts who was driving the car at the time of the offence and we believe we are extremely likely to be able to defend you and assist you in putting together a credible defence, winning your case and recovering your legal costs from the court.
- It helps if the road was near to where you live or was frequently travelled on.
- It helps if different drivers insured for the vehicle used that road on several occasions on the day of the offence.
- It helps if several drivers have use of the car.
- It helps if it is a long time since the offence was committed and the police were delayed in contacting you (leased or company car)
- Your position is enhanced if you don't have previous penalty points.
- Your credibility is important - if you can show the court you are an upstanding citizen of good character who should not be penalised for confusing circumstances or a bad memory they are unlikely to convict you of a Section 172 failure to furnish information offence
The latter can be demonstrated to the courts by several means including the use of character witnesses, character letters and by oral testimony and your appearance in court.
Unless you are a lawyer under no circumstances should you attempt to defend a "failure to furnish information" case without taking at least some legal advice so you properly understand the required level of evidence you will be required to win your case.
If you contact us with more information we will happily advise you on the prospects of success and what you need to do to successfully defend the charge of failing to furnish information as to the driver under Section 172 of the Road Traffic Act 1988.
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