Failure to Provide Driver Details

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Failure to Provide Driver Details

For the best possible outcome

If you’ve been accused of failing to respond to a Notice of Intended Prosecution (NIP), it’s natural to feel unsure about what to do next. Reading about potential penalties such as 6 points on your licence and fines of up to £1,000 can set your mind racing. In our experience, missed notices or incorrect responses often arise from genuine mistakes, postal issues or confusion about legal obligations. While it can be hard to prove your innocence on your own, you may be able to avoid a conviction in some cases.

An experienced motoring offence solicitor can make a real difference in addressing the case against you, but acting quickly is essential. Prompt action gives you the best chance to uncover potential defences - such as if a Notice of Intended Prosecution (or Section 172 notice) was issued beyond the 14-day limit, or procedural errors occurred in the process. Establishing reasonable diligence in attempting to identify the driver or exposing flaws in the evidence can also strengthen your case.

At Switalskis, we specialise in failure to provide driver details cases like yours. Our team will carefully examine every detail, from the notice itself to the circumstances surrounding the incident, so we can mount your defence and potentially challenge the validity of the notice you have received. We’ll do everything possible to protect your licence.

Our range of expertise includes:

  • Police station representation - if you’ve been arrested and taken to a police station, we can represent you when you need it most. All advice we offer at the station is free, and we have a 24-hour emergency callout service.
  • General crime - our criminal defence solicitors can help you if you’ve been accused of sexual offences, drug assaults, theft, burglary and public order offences.
  • Fraud and business crime - our business crime team specialises in serious fraud, tax fraud and asset seizures for organisations of all sizes. We can provide representation in regulatory investigations and actions, and we will aim to reduce the possibility of serious penalties for businesses.
  • Motoring offences - losing your driving licence can have serious consequences on your career, your family life and your personal relationships. If you’re being prosecuted for a motoring offence, we’ll advise you on minimising the impact the offence has upon you.

To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.

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How Switalskis can help you

At Switalskis, we've helped many people - just like you - who find themselves facing a NIP or an allegation of failing to identify the driver of a vehicle involved in an incident. Tackling this head on, as soon as you receive a notice, is by far the best way to secure a favourable outcome.

If you did your best to identify the driver, but circumstances beyond your control made it impossible, we’ll build a strong defence on this basis.

Read what our clients had to say about the help they received from Switalskis

What is a Section 172 notice?

A Section 172 notice is issued when the police need to identify the driver of a vehicle involved in an alleged motoring offence. Commonly called a NIP, the notice requires the registered keeper or any person with relevant information to provide details about who was driving at the time.

Failing to respond to a Section 172 notice or providing inaccurate information can lead to serious consequences. You could face a charge of failing to provide driver details, which may result in 6 penalty points, a fine of up to £1,000 or even a court appearance.

You should contact us now if:

  • You didn’t respond to the notice in time due to an oversight or error.
  • You were unable to identify the driver because the vehicle was shared, or the event occurred some time ago.
  • You never received the original notice because it was sent to the wrong address.
  • The police believe you deliberately named the wrong person or gave incomplete details.
  • You’re struggling to understand your obligations under the notice.

At Switalskis, we’re experienced in helping clients in all these situations and will work with you to build the strongest possible case.

Legal defences for failing to identify a driver

If you’re accused of failing to provide driver details, there are several potential defences, including:

  • Challenging its validity if you did not receive the Section 172 notice due to an incorrect address or postal error.
  • Showing that you were unable to identify the driver despite taking reasonable diligence to do so, such as checking schedules, records or witnesses.
  • Showing that you were not the vehicle’s registered keeper at the time the offence occurred.

Frequently asked questions about NIPs and Section 172

What is a Section 172 notice, and why have I received one?

A Section 172 notice is issued under the Road Traffic Act 1988 when the police need to identify the driver of a vehicle involved in an alleged offence. It’s a legal requirement to respond, either by confirming the driver’s identity or explaining why you can’t.

What happens if I can’t remember who was driving?

If you genuinely can’t identify the driver, it’s important to show that you’ve made reasonable efforts. This might include checking diaries, work schedules or asking others who may have driven the vehicle.

Can I be prosecuted if I never received the notice?

If you didn’t receive the notice, this could form a valid defence. However, proving non-receipt can be challenging and legal advice is highly recommended to strengthen your case.

How can a solicitor help me contest a Section 172 charge?

Seeking legal advice is critical in these situations. A solicitor can review your case, identify potential defences, and represent your interests in court.

To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.

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Why Switalskis?

Our solicitors are specialists in motoring offences. If you're facing a charge and need expert legal advice, we're here to guide you through every twist and turn of the legal process. We promise to provide each of the following to every client we work with:

Clarity in complexity

The legal process surrounding Section 172 notices and road traffic offences can be difficult to understand. We’ll always be there to explain every development to you in straightforward terms so you understand what’s happening throughout.

Empathy at every step

Facing penalties that could impact your livelihood is stressful, and the uncertainty of legal proceedings can make the situation even more difficult. We provide compassionate, straightforward and practical legal advice to support you through this situation.

Expertise you can trust

With years of experience handling failure to provide driver details cases, our solicitors have a proven track record of helping clients reduce penalties or avoid conviction. We understand the complexities of road traffic law and will use our expertise to build the strongest possible case on your behalf.

Championing your rights

Your rights matter, and we’ll work tirelessly to ensure they’re upheld. From scrutinising the evidence against you to identifying potential defences, we will take every possible step to protect your position and seek the best outcome for your case.

Contact Switalskis today

If you’re being accused of failing to provide driver details, Switalskis is here to help. Call us on 0800 1380 458 or get in touch with us through our website.

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