Failure to Provide Driver Details

Failure to provide driver details is an offence under Section 172 of the Road Traffic Act 1988, which requires the registered keeper or another responsible person to identify the driver of a vehicle at a specific time when requested by the police or another authorised body.

This charge often applies to situations where a driving offence has occurred, such as speeding or traffic violations, and the police have requested that the driver of the vehicle is identified via a Notice of Intended Prosecution (NIP).

Not complying with this request can result in points on your license, a fine or even a driving ban.

If you are being accused of failing to provide driver details s172, it is essential that you contact and instruct specialist legal representation immediately.

At JD Spicer Zeb, our expert criminal defence solicitors have over 45 years of experience in supporting individuals accused of a wide range of driving offences, including failure to provide driver details.

We are committed to providing high quality legal advice and ensuring you have the strongest defence if you are charged with a driving offence.

Our aim is to help you avoid a conviction, however, if this is not possible, our team will work hard to minimise the penalty you receive and secure the best outcome available. In certain cases, we may be able to negotiate alternative resolutions, such as a police caution or community resolution order, to reduce the long-term impact on your record.

Related Pages
Useful Information

Get in touch

Please fill in our form and one of our experts will get back to you as soon as possible.

Name Please enter your name

Email Please enter your email address

Telephone Please enter your telephone number

Your enquiry Please enter the details of your enquiry

Is this a new criminal allegation you wish to talk to us about?

Yes No

Is this a new criminal allegation you wish to talk to us about?

Offence Please enter the offence

Police force City or Police station if known Please enter the police force City or Police station

Next date and time if known Please enter the next date

If charged to attend court Please enter the Magistrates or Crown court

Next hearing purpose

Please select the next hearing purpose

Are you seeking legal aid or a private service?

Free Legal Aid Private Paying

Are you seeking legal aid or a private service?

Please enter the verification code

Why choose JD Spicer Zeb?

1000s Cases Dropped
24/7 Emergency Phonelines
100s Years Combined Experience
Read all Reviews

Google Reviews Read all reviews

review-solicitors

Recent Cases

There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.

See all cases

Willesden Magistrates Court - S5 & S5A Public Order ACT - Client Acquitted after Trial.

Section 18 GBH Dropped to Lesser Charge Portsmouth Crown Court

Wood Green Police Station No Further ActionThreats to Kill & Non-Fatal Strangulation

Wembley Police Station No Further Action Affray &Threats to Kill

Man Not Guilty of Exposure Highbury Corner Magistrates' Court 2024

Colindale Police Station Threats to Kill NFA

Acton Police Station - S.18 GBH charge to NFA

Man Receives Community Resolution After Facing A Charge Of common Assault 2024

Speak to our driving offences solicitors in London, Manchester and Birmingham today

For a free initial consultation on your legal position and the available options when defending a driving offence charge, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding failure to provide driver details s172, please call our Emergency Number 07836 577 556.

Why choose our driving offence solicitors?

For over 45 years, our criminal defence solicitors have been providing expert legal advice on a wide range of motoring offences, including failure to provide driver details.

We understand how these cases are prosecuted, the types of evidence typically relied upon, as well as the necessary steps for an effective defence. Accusations under Section 172 can lead to severe consequences, including fines, penalty points, or even disqualification from driving. It is crucial to seek legal advice tailored to your specific circumstances to protect your rights.

Our team includes experienced police station representatives who are available 24/7 to support you if you are questioned or face allegations related to failure to provide driver details. We know how to assess the evidence, identify flaws, and challenge the prosecution’s case to build a strong defence on your behalf.

Over the years, we have built strong relationships with some of the UK’s leading criminal defence barristers. If your case proceeds to court, you can trust that you will receive high-quality legal representation.

We are proud to hold Law Society accreditation for Criminal Litigation and the Lexcel accreditation for excellence in legal practice, reflecting our ability to achieve successful outcomes for our clients in criminal law matters.

Our failure to provide driver details expertise

Representation at Police Stations

What you say or choose not to say during police questioning can have a significant impact on your case and its outcome. If you are suspected of failure to provide driver details, seeking expert legal advice at the earliest opportunity is essential.

Our team of experienced police station solicitors and legal representatives are well-versed in handling cases involving road traffic offences.

We are available to provide prompt, expert legal support during questioning to ensure your rights are protected, and the strongest possible defence is prepared.

Pre-charge bail and released under investigation

If you have been released on pre-charge bail or are under investigation for failure to provide driver details, or any other motoring offence, it is vital to seek advice from an experienced criminal defence solicitor without delay.

Being released from police custody does not mean your case is over, and there is still the possibility that you may be charged.

While on pre-charge bail, you may face conditions such as restrictions on your movement or requirements to attend a specific police station at set times. Our expert road traffic offence solicitors can assess your situation and your options.

We will provide tailored advice on navigating bail conditions and ensuring your rights are protected.

With our guidance, you can make informed decisions to safeguard your interests and work towards the best possible outcome for your case.

To find out more in relation to pre-charge bail and being released under investigation, please use the links provided below:

Having charges dropped

If you are facing penalties for failure to provide driver details, we will carefully assess your case and identify the strengths and weaknesses of the prosecution's evidence. Our priority is to determine whether the charges can be dropped before the matter proceeds to court.

We provide a practical, client-focused service, ensuring you have full support and clear advice throughout the process. With a strong track record of having cases dismissed at an early stage, we are dedicated to achieving the best possible outcome for you.

Legal representation and defence

If you are facing sentencing for failure to provide driver details, our specialist road traffic defence team will ensure you are fully supported and well-prepared at every stage.

Whether your case is being heard in a Magistrates’ Court or Crown Court, we will work hard to secure the best possible outcome.

Our team will thoroughly review the evidence, gather additional reports or expert opinions as needed, and prepare a robust strategy to challenge the prosecution’s case.

We also have connections to some of the country’s most respected criminal defence barristers, ensuring exceptional representation if your case proceeds to trial.

At every step, we provide transparent advice, including whether an early guilty plea may result in a more favourable outcome, such as a reduced penalty.

Our goal is to deliver exceptional legal representation, giving you confidence and peace of mind throughout the proceedings while working towards the best resolution for your case.

Funding your motoring law defence

When dealing with fees and funding for motoring offences, our driving offences lawyers will always be clear and upfront about your options.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to failure to provide driver details, including:

Related cases

Frequently asked questions about failure to provide driver details

What is the penalty for failing to provide driver details?

The penalties for not providing driver details to the police within 28 days are six points on your licence and a fine of up to £1,000.

You may also be disqualified from driving for a set period of time. In some instances, these penalties are more severe than they would be for the original offence the police were investigating, so it is advisable to seek legal advice on your options.

What is a Notice of Intended Prosecution (NIP)?

A Notice of Intended Prosecution (NIP) is issued by the police as part of their investigation to identify the driver involved in an alleged motoring offence.

These notices are commonly used for speeding camera violations, but they can also be issued following a wide range of other driving offences, such as failure to stop.

If you receive a NIP, you will have 28 days to respond and provide the requested information. If you do not respond in time, you may be charged with failing to provide driver details.

Can I be prosecuted if I didn’t receive the notice?

If you are charged with failing to provide driver details, you may be able to avoid conviction if the court accepts that the NIP was not delivered.

However, you will likely need evidence to prove that you didn’t receive the notice, for example, due to issues with the postal service.

If you are facing charges for failure to provide driver details but you did not receive a NIP, get in touch with our criminal defence solicitors, and we can provide tailored advice.

What constitutes ‘reasonable diligence’ in identifying the driver?

‘Reasonable diligence’ is the effort a registered vehicle keeper must make to identify the driver when requested by the police under Section 172 of the Road Traffic Act 1988.

This means you must take all reasonable steps to find out who was driving the vehicle at the time of the alleged offence.

This might include checking who was using the vehicle, consulting other potential drivers, and reviewing any available evidence.

It requires more than passive inquiry; you will need to actively seek information. Failure to demonstrate reasonable diligence can result in prosecution for not providing driver details.

What if I wasn’t the registered keeper of the vehicle?

If you were not driving the vehicle at the time of the alleged offence and were not the owner of the vehicle, there is a section on the NIP to complete that states this.

Can companies be fined for failing to provide driver details?

Yes, the offence of failure to provide driver details can be brought against a company or an individual.

A company may receive a NIP if the vehicle is a company car and the company is the registered owner at the DVLA.

If as a company owner, you are asked to name a driver at the time of an alleged road traffic offence and you fail to do so, then you can be summonsed to court. You may face a significant fine unless you can defend the allegation.

What happens if you ignore S172?

Failing to comply with the Road Traffic Act s172 can have significant consequences. You may face substantial fines, penalty points on your driving license, or even disqualification from driving.

How can we help?

Send a message

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
Public and private funding benefits.
Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
Consequences of interfering with any witnesses.
Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

Contact our driving offences solicitors today

If you are due to attend the police station for interview, have been accused of failure to provide driver details, or require any urgent legal advice for a s172 notice, please do not hesitate to get in touch.

You can contact a member of our dedicated team of driving offences solicitors in London, Birmingham, and Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771, our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.