London | Manchester | Leeds | Bristol | Birmingham | Nationwide

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

%

Success Rate

From 2020 we reduced 100% of our clients potential sentence based on sentencing guidelines used by the Court

 

From Our Clients

 

I much appreciated your skill during the hearing.

Many thanks for the work you did in preparing my case. I much appreciated your skill during the hearing.

Mrs H

Dance Instructor
Dec 19, 2014

I much appreciated your skill during the hearing.

Many thanks for the work you did in preparing my case. I much appreciated your skill during the hearing.

Mrs H

Dance Instructor
Dec 19, 2014

“I managed to keep my license and it wouldn’t of been possible without your help.”

Thank you and Millars Solicitors for taking hold of my case. I managed to keep my license and it wouldn’t of been possible without your help.

Mr T

Electrician
Sep 19, 2016

“I managed to keep my license and it wouldn’t of been possible without your help.”

Thank you and Millars Solicitors for taking hold of my case. I managed to keep my license and it wouldn’t of been possible without your help.

Mr T

Electrician
Sep 19, 2016

“The advice received was knowledgeable, frank and honest”

The advice received was knowledgeable, frank and honest. There were no false hopes as to the potential outcome. All the options and court room procedure were clearly explained. our family had never attended court before, so the prospect was daunting. It would have been infinitely more stressful for Jame…

Read More

J.F

Student
Jul 19, 2017

“The advice received was knowledgeable, frank and honest”

The advice received was knowledgeable, frank and honest. There were no false hopes as to the potential outcome. All the options and court room procedure were clearly explained. our family had never attended court before, so the prospect was daunting. It would have been infinitely more stressful for James and us to attend Court and make representation on our own.

J.F

Student
Jul 19, 2017

“From my first panicked phone call, right through the hearing, it was outstanding”

The advice was professional, clearly delivered, prompt and in my best interests. From my first panicked phone call, right through the hearing, it was outstanding. carl represented me with the most comprehensive and professional approach. His knowledge of the law surrounding motoring offences is incredib…

Read More

Mr T

Sales Representative
Feb 18, 2018

“From my first panicked phone call, right through the hearing, it was outstanding”

The advice was professional, clearly delivered, prompt and in my best interests. From my first panicked phone call, right through the hearing, it was outstanding. carl represented me with the most comprehensive and professional approach. His knowledge of the law surrounding motoring offences is incredible and if I had to go through this experience again he would most certainly be my first phone call. I can’t recommend Millars Solicitors enough.

Mr T

Sales Representative
Feb 18, 2018

“They put my case forward perfectly, which resulted in me getting the best result possible”

I was very satisfied with the advice received; everything was made very clear. Carl was excellent in sharing information. He put my mind at ease by telling me I could call him about my case, and was available up to 11pm. I was very satisfied with Millars Solicitors. They put my case forward perfectly, w…

Read More

John M

Crane Operator
Feb 19, 2018

“They put my case forward perfectly, which resulted in me getting the best result possible”

I was very satisfied with the advice received; everything was made very clear. Carl was excellent in sharing information. He put my mind at ease by telling me I could call him about my case, and was available up to 11pm. I was very satisfied with Millars Solicitors. They put my case forward perfectly, which resulted in me getting the best result possible. Thank you to Carl for his efforts and support with my case.

John M

Crane Operator
Feb 19, 2018

“Very satisfied with the advice and guidance provided”

I was very satisfied with the advice and guidance provided. All the options available were discussed with me as well as consequences and practical considerations. Time was taken to talk through and explore these in some detail. I think the outcome was the best possible outcome I could have expected with…

Read More

Mr S

Human Resources
Apr 19, 2018

“Very satisfied with the advice and guidance provided”

I was very satisfied with the advice and guidance provided. All the options available were discussed with me as well as consequences and practical considerations. Time was taken to talk through and explore these in some detail. I think the outcome was the best possible outcome I could have expected within the parameters of the offence. I would recommend Millars Solicitors to others in the future.

Mr S

Human Resources
Apr 19, 2018

“If you want a quality service then Millars Solicitors are the go to firm.”

Carl and team are fantastic to deal with. Handled my case with skill, professionalism and respect. I did not feel judged. On the day of the first plea hearing, Carl made me feel at ease by explaining clearly the court process. As soon as any new information was available I was informed straight away. If…

Read More

NH

Sales Assistant
Jul 19, 2018

“If you want a quality service then Millars Solicitors are the go to firm.”

Carl and team are fantastic to deal with. Handled my case with skill, professionalism and respect. I did not feel judged. On the day of the first plea hearing, Carl made me feel at ease by explaining clearly the court process. As soon as any new information was available I was informed straight away. If you want a quality service then Millars Solicitors are the go to firm.

NH

Sales Assistant
Jul 19, 2018

“Fantastic result and professional through and through”

Fantastic result and professional through and through
Thanks Carl and his team

ANON

Jan 7, 2019

“Fantastic result and professional through and through”

Fantastic result and professional through and through
Thanks Carl and his team

ANON

Jan 7, 2019

“Pleased with the result as I was expecting the worst.”

Great stuff, thanks Carl & team.

Pleased with the result as I was expecting the worst.

Thanks to Joseph, he relayed my case very eloquently and put forward all pertinent and supporting points very effectively.

Mr SJ

Private
Jan 19, 2019

“Pleased with the result as I was expecting the worst.”

Great stuff, thanks Carl & team.

Pleased with the result as I was expecting the worst.

Thanks to Joseph, he relayed my case very eloquently and put forward all pertinent and supporting points very effectively.

Mr SJ

Private
Jan 19, 2019

“I managed to keep my leicence, highly recommend”

Can not thank Carl and Paul enough, they were fantastic to deal with, I managed to keep my leicence, highly recommend

Anon

Feb 9, 2019

“I managed to keep my leicence, highly recommend”

Can not thank Carl and Paul enough, they were fantastic to deal with, I managed to keep my leicence, highly recommend

Anon

Feb 9, 2019

Keep My Driving Licence have years of experience in defending charges of Failing to Furnish Information. Call our specialist team today on 0800 999 5535 or submit your case and we will call you back.

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
  • Homelessness
  • 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.

General FAQs

Should I drive to Court?

This depends on your plea: Yes, if you are pleading not guiltyNo, 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

  1. Whether you are financially eligible
  2. 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?

If you are pleading guilty or if it is your first hearing and you are pleaded not guilty then the witnesses will not be in Court.

If your matter is listed for a Trial, then the witnesses will be in Court as the Court will want to hear what the witnesses have to say.

 

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 carl.millar@millarssolicitors.co.uk or contact us online

 

More From Our Clients

 

I was very well represented in court and got a good outcome as a result.

From the very first phone call Carl was professional and friendly and everything was dealt with in a timely manner. I was very well represented in court and got a good outcome as a result. Thanks again

ANON

Student
Manchester
Nov 30, 2020

I was very well represented in court and got a good outcome as a result.

From the very first phone call Carl was professional and friendly and everything was dealt with in a timely manner. I was very well represented in court and got a good outcome as a result. Thanks again

ANON

Student
Manchester
Nov 30, 2020

Couldn’t fault the service

Couldn’t fault the service …very professional ,thorough ,and gave honest advice at the start…Carl Millar and his team were brilliant all the way from the beginning to court and gladly I achieved a happy outcome ….

BMG

Vehicle Inspector
Scotland
Nov 30, 2020

Couldn’t fault the service

Couldn’t fault the service …very professional ,thorough ,and gave honest advice at the start…Carl Millar and his team were brilliant all the way from the beginning to court and gladly I achieved a happy outcome ….

BMG

Vehicle Inspector
Scotland
Nov 30, 2020

Millars reassured me along the way and kept regular contact regarding my postponed court dates

From the get go, Millars were very efficient at answering any questions or queries I had regarding my court case and what I’d been charged with. I had never been in this situation before nor had I ever attended court so it was all very daunting for me but Millars reassured me along the way and kept re…

Read More

R P

Somerset
Nov 30, 2020

Millars reassured me along the way and kept regular contact regarding my postponed court dates

From the get go, Millars were very efficient at answering any questions or queries I had regarding my court case and what I’d been charged with. I had never been in this situation before nor had I ever attended court so it was all very daunting for me but Millars reassured me along the way and kept regular contact regarding my postponed court dates. They prepared a fantastic statement for me which my barrister went through with me again before my court hearing. I got the outcome I was hoping for with the lowest license ban possible. Top service, could not recommend enough.

R P

Somerset
Nov 30, 2020

Rang me back immediately and spoke to me in a kind, respectful, and professional manner

I contacted a few solicitors after I had been arrested for drink driving. Carl Millar Solicitors rang me back immediately and spoke to me in a kind, respectful, and professional manner which helped put me at ease after what is understandably a nerve-racking and daunting situation.

They were very quick to answe…

Read More

ANON

IT Mac Support Specialist
Leeds
Nov 30, 2020

Rang me back immediately and spoke to me in a kind, respectful, and professional manner

I contacted a few solicitors after I had been arrested for drink driving. Carl Millar Solicitors rang me back immediately and spoke to me in a kind, respectful, and professional manner which helped put me at ease after what is understandably a nerve-racking and daunting situation.

They were very quick to answer any and all questions that I did have, and on the day in court my representation was second to none. I believe had it not been for the team’s work in mitigating my sentence I would have had a much harsher one.

I’d definitely recommend them.

ANON

IT Mac Support Specialist
Leeds
Nov 30, 2020

Carl responded to my enquiry immediately on a Sunday afternoon to give advice

Carl responded to my enquiry immediately on a Sunday afternoon to give advice. On requesting his service, he provided sound guidance through the statement and document process and as a result I did not attend court or receive a driving ban. Highly Recommended.

Anon

Professional
Lincolnshire
Nov 30, 2020

Carl responded to my enquiry immediately on a Sunday afternoon to give advice

Carl responded to my enquiry immediately on a Sunday afternoon to give advice. On requesting his service, he provided sound guidance through the statement and document process and as a result I did not attend court or receive a driving ban. Highly Recommended.

Anon

Professional
Lincolnshire
Nov 30, 2020

Got the best possible outcome!

I couldn’t be more thankful for the service I received from yourself! Got the best possible outcome! Many thanks to Carl for all the help and support! I would definitely recommend to friends and family

Liam

Care assistant
Suffolk
Nov 30, 2020

Got the best possible outcome!

I couldn’t be more thankful for the service I received from yourself! Got the best possible outcome! Many thanks to Carl for all the help and support! I would definitely recommend to friends and family

Liam

Care assistant
Suffolk
Nov 30, 2020

From the very first phone call Carl was professional and friendly and everything was dealt with in a timely manner

From the very first phone call Carl was professional and friendly and everything was dealt with in a timely manner. I was very well represented in court and got a good outcome as a result. Thanks again

ANON

Student
Manchester
Nov 3, 2020

From the very first phone call Carl was professional and friendly and everything was dealt with in a timely manner

From the very first phone call Carl was professional and friendly and everything was dealt with in a timely manner. I was very well represented in court and got a good outcome as a result. Thanks again

ANON

Student
Manchester
Nov 3, 2020

Related Articles

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.

CALL AN EXPERT ROAD TRAFFIC SOLICITOR

24 HOUR EMERGENCY CALLOUT