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Volvo V60 - Failure to Furnish - biloxi

Dear Honest John Team,

I am in a bit of a predicament. About two moths ago i was served with a 'Notice of Intended Prosecution' under section 172 Road Traffic Act 1988 for failing to stop at a red light. Now i am not the registered keeper of the vehicle but at that time the vehicle had been entrusted into my car while the registered keeper was away. Naturally they received the initial notice and nominated me as the one who was keeping the vehicle at the time of the incident occurring.

Having received the notice from the police i responded accordingly, stating that there were a number of people at my residence who could have gained access to the vehicle at the time. These people had visited from overseas and had returned at the time the notice was served. I made some enquiries and identified a possible driver. He was not aware he had jumped a red light (inadvertently or otherwise) but admitted having used the vehicle at a point about the date of the offence. He could not confirm the date for sure but was happy for me to provide his details.

I responded to the Police with his International Driving Permit Number, Name and address. They wrote back informing me that they would chase up the information. I didnt forsee any subsequent issues. Today i have received a letter from the police stating that

"Upon their enquiries and from the information received, i regret to inform you that your recent nomination of a foreign driver has failed to be substantiated" As a result of an unsatisfactory response under Section 172 Road Traffic Act 1988, i must advise you that it is intended to take proceedings against you for the offence of failing to furnish. A summons may be expected at a later date.

I really dont know what to do. Several thoughts run through my head. I am wondering if the driving details provided to me by my guest were not genuine and i am presently unable to contact him. I also didnt request any photographic evidence at the time they initially wrote to me in case it was someone else driving. Please help urgently. I am desperate.

Volvo V60 - Failure to Furnish - LucyBC

You need legal help with this.

Please contact me urgently with a phone number at asklucy@honestjohn.co.uk so we can give free telephone advice on your case.

Volvo V60 - Failure to Furnish - ifithelps

Your problem is your story sounds 'a likely tale', particularly to a world-weary copper.

But you have not 'failed to furnish', the police have failed to find the driver you furnished, which is not an offence on your part.

Either that, or he has told them something he has not told you, which seems unlikely since in his earlier contact with you, he seemed content to deal with the matter.

Even if he has changed his story, it's still not 'failure to furnish' on your part.

In giving the police a driving permit number, name, and address, I think a court is likely to find you have done what you can to fulfil your obligation.

How credible you appear generally will be important.

Volvo V60 - Failure to Furnish - LucyBC

It's not failure to furnish, it's potentially "conspiracy to pervert the course of justice" (which is imprisonable).

There have been a number of such cases brought in very similar circumstances to this some of which have led to custodial sentences.

A public forum is not the best place for the OP to further discuss his case. He needs private advice and legal assistance and should contact me via asklucy@honestjohn.co.uk providing a telephone number so we can discuss how we can best deal with this.

Edited by LucyBC on 27/05/2011 at 08:43

Volvo V60 - Failure to Furnish - ifithelps

...it's not failure to furnish...

Quoting from the OP's police letter: "I must advise you that it is intended to take proceedings against you for the offence of failing to furnish."

Any charge can be added at any time.

But talk of perverting the course looks a bit extreme at this stage given that we are told the named driver has accepted - to the OP if not to the police - he was driving at the time.

Edited by ifithelps on 27/05/2011 at 09:47

Volvo V60 - Failure to Furnish - LucyBC

The police believe either the named driver does not exist, was not the driver, may not have been in the UK at the time. They see this come up that often that they almost never back down.

The various options used are:

  • Admission of keeper (or a UK driver) for original offence
  • Section 172 offence,
  • Permit, no insurance - usually because the person cannot show that the alleged foreign driver was covered for the car at the time
  • Conspiracy to pervert the course of justice
  • or of course acceptance that the driver was insured to drive the vehicle in the UK at the time and was driving the car at the time of the offence.

As I said earlier this is not the place to discuss the details of this case and you are not helping anyone.

Volvo V60 - Failure to Furnish - ifithelps

...you are not helping anyone...

A worthless assumption.

In another thread rtj70 says this place is only interested in making money for its operators.

Seems he is right, as the only aim of this section appears to be to bring in customers for your legal service.

Oh, and thanks for reminding me why I stopped posting on here.



Volvo V60 - Failure to Furnish - LucyBC

The OP is potentially in very serious trouble. The S172 carries 6 points, the permit - no insurance 6-8 points, both with a substantial fine (up to £1000) likely, and the conspiracy to pervert the course of justice a prison sentence.

It makes no sense to say that "you have furnished the information" and hence you are OK. The police clearly believe that incorrect information has been furnished and hence other offences become a distinct possibility, indeed likely.

In respect of your comments, anyone can post here but the idea of having a legal "expert" was to eliminate misinformation and - on legal issues - have some kind of definitive advice rather than the free-for-all of unguided missiles which exists in other forums.

In respect of your abuse (of both me and this website) over the last year or so I must have written many thousands of words of legal advice for honestjohn.co.uk, all for free.

True, on some occasions that advice has generated some civil litigation work against garages and dealers for my firm which we have almost always done on a no-win-no-fee basis (where we only charge a pre-agreed fee if we reach a pre-agreed outcome). As far as I am aware we are the only legal firm willing to work on this basis in the motor sector. We have many testimonials from people we have so-assisted who would otherwise have been denied access to justice.

My own firm do not do motor offences so I provide basic advice in this area and if I think it is necessary or serious enough I will get a lawyer from another firm -- probably the best motor offence solicitor in the country -- to call and do a free detailed advice call, which is what happened in this case. If the client then decides to instruct then fine, if not then also fine. I have no financial interest whatsoever in any subsequent transaction or work generated - and neither does honestjohn.co,uk. I don't know where else you could get that level of service without having to pay for it.

In respect of your reasons for stopping posting here, whenever you seem to visit the purpose seems to be entirely for the purpose of slagging the website off as evidenced in this thread:

www.honestjohn.co.uk/forum/post/index.htm?t=90898&...9

If all you want to do is come in, give bad advice and then throw your weight about when someone who knows more corrects you, then I am not sure what benefits you bring to what is normally a very polite community.

Edited by LucyBC on 27/05/2011 at 16:18

Volvo V60 - Failure to Furnish - ifithelps

I have not posted any abuse of anyone on this website, so why say I have?

I have not slagged off this website, so why say I have?

My posts in your link make general comments about the nature of internet forums.

I cannot stop you making these bold and inaccurate assertions, but I can correct them.

You may think the advice is bad - purely your opinion.

You say the OP is in potentially serious trouble, but his police letter does only contain a threat of a failure to furnish prosecution.

Furthermore, he states he has been in touch with the named driver, who knows what's going on and is content with it.

An obvious thing to do is make more efforts to get in contact with the driver again, ask him/her if he's heard from the police and if so, what was said.

Seems the OP has a decent defence to failure to furnish, which is all he's been threatened with so far.

If he can get himself acquitted of that - or even convicted - it would be difficult for the police to then come back with something else arising from the same set of circumstances.

So talk of pervert the course of justice is premature and alarmist.

Deal with that - and murder, and arson in Her Majesty's dockyard - if and when those charges are laid.

Edited by ifithelps on 27/05/2011 at 18:56

Volvo V60 - Failure to Furnish - LucyBC

Not sure what you are wombling on about but I head a professional legal team which has provided legal help to motorists for more than 15 years.

I have a great deal of legal knowledge on the subject of motor offences, accidents and consumer disputes.

If you want to challenge me on the issues please supply details of your legal experience to the forum on which you wish to propose to rely.

If you have no legal experience and nothing worthwhile or qualifications worth mentioning on which you wish to rely, don't bother.

Edited by LucyBC on 27/05/2011 at 19:54

Volvo V60 - Failure to Furnish - Avant

Ifithelps - you are of course welcome to post on the forum but please bear in mind that this section is specfically for people needing legal advice on motoring issues.

In the real world in which most of us live, it is perfectly reasonable for our legal expert Lucy to genrate publicity for her firm while giving advice to people like the OP who are clearly worried. We're very proud and glad to have this resource (if I may call you that, Lucy!), and of course others are welcome to offer their views, but this section is effective only if we confine ourselves to giving helpful advice and sticking to the issue.

Ifithelps - please live up to your nom de plume. On this issue I think you have 'delighted us enough'.

Volvo V60 - Failure to Furnish - ifithelps

...giving helpful advice and sticking to the issue...


At least I stick to the issue, unlike the legal expert who seems only intent on character assassination.

I cannot be the only reader of this section who has concluded the 'answer' to many queries is 'contact Lucy'.

Nothing wrong with that, but it also seems to be a guillotine on discussion.

I thought when someone posted a question on an internet forum they were expecting advice/views from the forum's readership.

If this section is literally 'ask Lucy', then only she should be allowed to post replies on it.

Or it should be clearly stated that disagreeing with Lucy is absolutely not allowed.

Although I think I probably knew that already.

Volvo V60 - Failure to Furnish - LucyBC

In most cases where there is a potential court case - particularly if there is a serious matter involved such as this - it makes sense that the onward discussion is conducted in private. So it is appropriate for the potential implications of naming a "driver gone abroad" are discussed in a public forum to warn others of the potential pitfaslls who have done or plan to do the same but it is not appropriate to discuss details of the particular case as it might lead to the OP being identified and possible inadvertent self incrimination.

Anyone can comment on any issue but you implied that he had furnished the information and hence had done enough. This was clearly wrong as the police had not accepted that the OP had furnished full and correct information and they were still proceeding and I outlined the more likely possible outcomes.

Some legal questions have specific answers and are not best dealt with by debate and discussion. It is not helpful to anyone to get bad advice and if I see what I believe to be bad advice I will correct it,

When I ask people to email asklucy@honestjohn.co.uk it usually means I think they need detailed advice which requires the provision of private contact details and full details of the case, which obviously should not be posted in a public forum.

Volvo V60 - Failure to Furnish - Collos25
I am afraid Lucy you are fighting a looseing battle the contibuter seems to have his ears and eyes closed but his mouth wide open and in gear.
Volvo V60 - Failure to Furnish - Avant

Have no fear Andy - I'm watching this thread and it won't be a losing battle.

The contributor in question is welcome to post here constructively and helpfully to the OP, as I've said already, but if he's rude and unhelpful again I'll censor him, or even close the thread which has run its course.

Volvo V60 - Failure to Furnish - ifithelps

...but if he's rude and unhelpful again I'll censor him...

Avant,

I'm still waiting for someone to point out where I've been rude.

I'll add you to the list.

The idea of censoring someone on a forum because you think they are unhelpful makes FIFA look democratic.

It's also laughable, although I imagine you don't mean it to be.

Volvo V60 - Failure to Furnish - jamie745

You constantly berating an expert with more knowledge than you, ignoring clear facts and sticking to a tired argument with no foundation means you'd probably fit in very well at FIFA.

Volvo V60 - Failure to Furnish - veryoldbear

Aaah ... it was Blatter driving then ....

Volvo V60 - Failure to Furnish - jamie745

We need to remember FIFA is an organisation of one man-one vote.

Blatter - votes himself in - he's in.

Great system!

Volvo V60 - Failure to Furnish - Ben 10

I rest my case ;-)

Volvo V60 - Failure to Furnish - Avant

Thread closed.

Of course anyone - not just Lucy - is entitled to post on here; but in this particular section, where people ask for legal advice, please make sure that your comments are constructive and stick to the issue being asked about.

If anyone feels it necessary to question the moderators' policy or the objectives of the forum, please E-mail us at moderators@honestjohn.co.uk.

Biloxi, if you see this, I hope you got the advice you needed. If not, please let us know.