Failing to Furnish Information
We have years of experience of successfully defending Failing to Furnish Information cases.
For free initial advice call 0800 999 5535
From Our Clients
Failing to furnish information of the identity of a driver to police occurs, predominantly, when drivers receive a Notice of Intended Prosecution (NIP) for a traffic offence they may be unaware they’ve committed.
This can range from being flashed by a speed camera, ignoring a red light or dangerous driving.
However, even if you weren’t the driver, if you receive and ignore a NIP, here’s what you need to know about the laws and penalties you’ll face – and the action you can take to prevent it.
What is the law regarding failing to furnish information?
The Road Traffic Act, Section 172 states you must provide the identity, when requested, of the driver accused of an alleged road traffic offence.
Within 14-days of the offence, you should receive a Notice of Intended Prosecution from the police which you have 28-days to respond to.
Whether you, a friend, family member or colleague were driving, if you receive the notice it is your responsibility to provide the drivers’ information.
Ignoring it because you weren’t driving will not be taken as an excuse by the authorities.
What are the penalties for failing to furnish information?
If you fail to provide the police with the details of the driver, the penalties individuals can face include:
- 6-8 penalty points on your licence or
- A 6-month driving disqualification, and
- A £1000 fine
If the offence is classed as ‘corporate’, and a company fails to provide or withholds the details of the driver, they can receive a fine of up to £1000.
What types of defence can you make to fight the charges?
If you find yourself facing a court summons, it doesn’t necessarily mean you’ll be found guilty.
You can fight the charges against you if you can prove you:
- Are unable to identify who was driving the vehicle
- Provided the police with the information as soon as possible, but not within the 28-day limit
- Never received a Notice of Intended Prosecution from the police
- Sent a response to the NIP which was never received
If you fall into any of the above, then you have a strong case and could have the charges reduced or quashed completely.
Why is legal advice important?
It might seem straightforward, but the defence for failing to furnish information to the police can be extensive, especially if evidence needs gathering should you deny the charges against you.
At KeepMyDrivingLicence.co.uk, our solicitors will review your case and, with our knowledge and expertise, provide you with the most vigorous defence possible.
Regardless of how you plea, we’ll do everything in our power to help you receive a lesser punishment or have the charges brought against you dropped.
Failing to Furnish Information – FAQs
1: What happens if the 6 points leads to a totting up offence?
The Road Traffic Offenders Act, Section 35 states if a driver accumulates 12 penalty points over three years they must be disqualified from driving for a period of 6-months.
However, once the ban is served, all points are removed from the licence and reset to zero.
The only way to fight this outcome is if you can prove ‘Exceptional Hardship’.
2: What qualifies as exceptional hardship?
Exceptional hardship is cited if losing your licence will lead to:
- Losing your job
- A restriction in your mobility if you suffer from health problems
- The inability to carry out your duties as a carer for somebody with severe disabilities
The courts will consider your claim, but will always put the safety of pedestrians and other road users first, so there is no guarantee a claim of exceptional hardship will be successful.
3: What type of evidence is required to defend the charges?
If you deny receiving a Notice of Intended Prosecution, or you state you received and responded to the NIP but the police have no record of this, the onus is on you to prove it.
You’ll need to have kept copies of the notice and any subsequent evidence, like proof of posting, to support your claim.
If you are accused of a motor offence such as speeding, careless driving or dangerous driving which you deny or there is a genuine issue as to whether you were the driver or not, it is up to the police to provide photographic evidence you were driving the vehicle on the day and time in question.
4: When will I have to pay the fine?
If found guilty, it is advisable to pay the fine as soon as possible. Or the court may set a repayment schedule depending on personal circumstances.
5: Will I have to declare the offence to my insurance company?
Yes, if you are found guilty, failure to do so may result in them cancelling your insurance agreement.
6: How long does the process take?
The Magistrates Court Act of 1980, Section 127 states all summary offences must be laid before the court within 6-months of the crime unless another Act overrules this.
The time from the initial offence to receiving a NIP is 14-days, from which you have 28-days to respond. If you were stopped and warned at the time of the alleged offence of an intention to prosecute then the 14-day rule does NOT apply as you were notified of the intention to prosecute at the time.
The 14-day rule also does NOT apply if you were involved in an accident.
7: Can I go to jail for failing to furnish information?
You won’t receive a jail sentence for failing to furnish information, penalty points, a fine or a driving disqualification are more likely.
However, should you attempt to pervert the course of justice by:
- Naming somebody who wasn’t driving as the driver
- Using the name of somebody outside the UK as the driver because you believe they’ll escape punishment, or
- Claiming you never received the Notice of Intended Prosecution but it’s proven you did
You could face a prison sentence.
8: How long do points stay on your licence?
Penalty points remain on your licence for four years before being removed by the DVLA. The totting up provisions are for offences you commit in a 3-year period from offence date to offence date.
Should I drive to Court?
This depends on your plea: Yes, if you are pleading not guilty. No, if you are to be sentenced for an offence that carries a mandatory disqualification.
Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.
The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?
This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.
I really need my car for my job, will the Court let me keep my licence?
If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.
Do you cover cases on Legal Aid?
No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are
- Whether you are financially eligible
- Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.
Will I have to say anything in Court?
Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.
If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.
What are my chances, can you give me a percentage?
We would not give a client their chance of success in a percentage. We would not give a client their chance of success in a percentage, as this is not realistic. We provide all clients with a comprehensive assessment of their case and we are instructed on the basis that the client has been advised of their chances of success.
Will the Police or witnesses be in Court?
Need advice from a motoring offence specialist?
If you’ve been accused of failing to furnish information to the police, KeepMyDrivingLicence.co.uk would like to defend you.
We’ll look at the facts of your case, explain the possible outcomes and support you when you need it most.
If you’ve failed to furnish information to the police or believe they’ve mislaid your reply to a NIP and need advice, call us for free on 0800 999 5535, email email@example.com or contact us online
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About Keep my Driving Licence
Keep my Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or you can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.