Failing to Furnish Information

Notice Of Intended Prosecution (NIP)

If you are the registered keeper of the vehicle alleged to have committed a motoring offence but were not stopped by a police officer at the time of commission of the alleged offence, then you should receive the Notice of Intended Prosecution within 14 days of the alleged offence.

If you receive the NIP it is wise to contact us as soon as possible for advice about the various options open to you.

Under Section 172 of the Road Traffic Act 1988 if you are the registered keeper of a vehicle alleged to have committed any offence when the vehicle was not stopped by the police and so the driver has not been identified, and you fail to name the driver of the vehicle at the time of the alleged offence, then you will be guilty of failing to furnish information unless you can show that you exercised “reasonable diligence” in trying to ascertain who the driver was at the time.

The rules are different if it is a company vehicle. The law states that companies should keep a log showing who is driving their vehicles at all times.

Other Than a Keeper

If you are not the registered keeper of the vehicle then there is a lower burden on you. For a person who is other than the keeper the law places an onus only to provide the information that is in your power which could assist the police in identifying the driver at the time of the alleged offence.

What if I do nothing?

If you receive a Notice of Intended Prosecution and simply do not reply then occasionally you will simply hear nothing further. Due to sheer volumes of tickets, the occasional few slip through the net and are not actioned. However, this is much more the exception than the rule. In the overwhelming majority of cases in those circumstances you will be summonsed for failing to furnish information.

Technical Defences

There are a number of lawful technical defences to this type of prosecution in addition to the reasonable diligence defence.

In 2006 we succeeded in securing Manchester firefighter, Mr Chris Ryan's acquittal using a number of technical defences.

Warning – Attempting to Pervert The Course of Justice

The following illegal tactics could not only result in your conviction of minor motoring offence, but could also lead to you being prosecuted for a far more serious offence which carries a prison sentence.

• Naming someone else as a driver when you know they were not;
• Naming someone else who was a driver because they live abroad and you think they will escape penalty points as they do not have a UK licence; and
• Claiming you never received the NIP when you have.

The Crown takes an extremely dim view of anyone who employs such tactics and will prosecute anyone who attempts to avoid conviction by unlawful means. The court will not let you off because you are a respectable professional. The case involving the Lefton family who were jailed for their extremely foolish behaviour should act as a serious warning to anyone thinking of lying to avoid a conviction.

Lawful technical defences are available to this and other motor offences. Geoffrey Miller Solicitors always act within the confines of the law and will never condone or advise any client to lie in order to achieve an acquittal.

Penalty

Offences committed prior to 24 September 2007 carry 3 penalty points and a fine of up to £1,000.00.

As from 24 September 2007 the penalty for offences committed on or after this date increases to 6 penalty points and a fine of up to £1,000.00.

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