kang and co solicitors logo header

Monday – Friday | 09:00 – 17:00

CALL US: 0345 222 9955

kang and co solicitors logo 2018



Failing to Provide Driver Information Solicitors

Expert solicitors and barristers in Failing to Provide Driver Information cases.

If you are being prosecuted for Failing to Provide Driver Information, also known as Failing to Furnish Information to the Police, our specialist Driving Offence Solicitors can represent you at Court and can help protect you from a Driving Ban.

Contact one of our experienced motoring offence solicitors by completing our Enquiry Form or call 0345 222 9955 for a No Obligation Initial Telephone Consultation about your case.

Our Solicitors and Barristers have successfully defended numerous Failing to Provide Driver Information prosecutions throughout England & Wales.

Why Kang & Co Solicitors for A Failing to Provide Driver Information Charge?

We are a specialist niche Driving Offences law firm with offices at 1 Victoria Square, Birmingham and 5 Chancery Lane, London and offer our services throughout England & Wales. As a law firm with highly skilled and experienced Solicitors and Barristers, we are regularly instructed for the most serious driving offences such as Death by Dangerous Driving and Death by Careless Driving, through to offences of Speeding and Careless Driving.

We are a law firm committed to providing a truly bespoke service nationwide and give the option to our clients of a case meeting at our offices in Birmingham, London and Milton Keynes or via a telephone conference. We will represent our clients at all courts in England and Wales for Failing to Provide Driver Information charges.

Kang & Co Google Reviews
Solicitors Birmingham - Yell Reviews
Best Driving Offence Solicitors in Birmingham
solicitors.info reviews

Statute – What is the law?

The legislation relating to the Offence of Failing to Provide Driver Details is contained within Section 172(3) of the Road Traffic Act 1988.

A prosecution for Failing to Provide Driver Information is also referred to as a:

  • Section 172 Prosecution
  • Failing to Furnish Information Prosecution
  • Failing to Provide Driver Identity Prosecution
  • Failing to Provide Police with Driver Details Prosecution
  • Failing to Give Information on Drivers Identity

Venue

The offence of Failing to Provide Driver Details (Section 172 Prosecution) is a ‘Summary Only’ Offence, this means that the case can only be heard in the Magistrates’ Court.

Sentencing Powers for Failing to Provide Driver Information

If you are convicted for the offence of Failing to Provide Driver Details or if you plead guilty to this offence, the Magistrates’ Court will:

  • Endorse Driving Licence with 6 Penalty Points
  • Impose a Fine of up to £1,000

If a Limited Company is being prosecuted for Failing to Provide Driver Details, the Magistrates’ Court cannot impose penalty points upon the Limited Company and a fine is the only available penalty. However, if a Limited Company is found guilty of Failing to Provide Driver Details, and the offence occurred because of negligence or connivance of a person within the Limited Company, that person can also be held individually liable and subject to penalty points and a fine.

How the Offence of Failing to Provide Driver Information Arises

In most circumstances, a motoring offence has been committed (usually Speeding or driving through a red traffic signal) and the vehicle involved in the offence has not been stopped by the Police. A Notice of Intended Prosecution (NIP) will be posted to the Registered Keeper of the vehicle within 14 days of the alleged offence being committed. If the Notice of Intended Prosecution is not issued within 14 days of the alleged offence, the Police will not be able to secure a prosecution against you or your company.

The Registered Keeper is then under an obligation to complete and return the Notice of Intended Prosecution (NIP) within 28 days and is required to clearly identify who the driver was at the time of the alleged offence. Failing to Provide Driver Information is a strict liability offence and you may be convicted even if you do not receive the request for information.

It is vital that you speak with one of our Driving Offence Solicitors before your complete and return the form so that we can advise you on how to correctly complete the form. In certain circumstances, prosecutions have been brought because the form was not properly completed, the prosecution may still class an incorrectly completed form or a response on anything other than their form as a Failure to Provide Driver Information.

AGREED FEE DRIVING OFFENCE LAWYERS

 Our Agreed Fees for Motoring Offence cases start from;

£1000 + VAT

Failing to Provide Driver Information Defences

There are two Statutory Defences to the Offence of Failing to Provide Driver Information:

  • Reasonable Diligence Defence
  • Not Reasonably Practicable to Respond to The Request Within 28 Days

Reasonable Diligence Defence

This defence is applicable when the Registered Keeper has used ‘reasonable diligence’ to try and identify who the driver was at the time of the alleged offence. For the defence of Reasonable Diligence to be successful at Trial, it must be supported with evidence to demonstrate the precise steps the Registered Keeper took to identify the driver of the vehicle. What amounts to Reasonable Diligence is a matter for the Court to decide.

The defence of Reasonable Diligence is not usually applicable to a Limited Company, because a corporate entity should be keeping records of drivers. A Limited Company can only rely upon this defence if the Limited Company can demonstrate that it was not reasonable to keep records of who was driving the vehicle at the time of the offence.

If this defence is applicable to your circumstances and you would like advice from an experienced Driving Offence Solicitor about the defence of Reasonable Diligence, complete our Enquiry Form and one of our Motoring Law Solicitors will respond to your enquiry.

For this defence to be successful your case will need to be prepared by one of our experienced Solicitors or Barristers and appropriate evidence will need to be obtained in advance of your Trial. It is not simply a matter of attending Court and raising ‘Reasonable Diligence’ the trial is likely to take half a day and the Prosecutor will Cross-Examine your evidence and seek to identify weaknesses in your Defence. A Defendant is extremely unlikely to succeed with this Defence without appointing an experience Motoring Law Solicitor to prepare the case and represent them at Court.

Not Reasonably Practicable to Respond to The Request Within 28 Days

This Defence to Failing to Provide Driver Information is usually applicable when proper service of the Notice of Intended Prosecution (NIP) has not taken place. This would arise if the Registered Keeper never received the request for driver details and is, therefore, unable to respond to the request because the Registered Keeper has not received the request.

If this defence is applicable to your circumstance call us on 0345 222 9955 for Free Initial Advice on how our lawyers can prepare your Trial and represent you at Court.

Contesting a Failing to Provide Driver Information Charge

As mentioned above, there are two Defences applicable to Failing to Provide Driver Information, if either of those Defence is raised, your case will be listed for Trial.

Another way in which a Failing to Provide Driver Information Prosecution can progress to Trial is because the information was provided to the Police, and the Police may not have received the response. If there is a Trial on this issue, evidence will need to be produced to support that the request was complied with.

Our Solicitors have successfully defended cases on this ground if you have provided the response to the Police and are being prosecuted for Failing to Provide Driver Information, complete our Contact Form to receive Free Telephone Advice about your case.

Can I get a Driving Ban from a Failing to Provide Driver Information Charge?

A conviction for Failing to Provide Driver Information alone will not result in a Driving Ban, because the Court will impose 6 penalty points for this offence. However, if you already have 6 or more active penalty points on your driving licence, a conviction for Failing to Provide Driver Information may result in a driving ban because you will be classed as a ‘Totter’.

If you plead guilty to the offence of Failing to Provide Driver Information whilst having 6 or more active penalty points, you may avoid a Driving Ban by appointing us to make an Exceptional Hardship Application to the Court.

If you would like more information on this offence, call us on 0345 222 9955, or use the contact form below.

Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.

Sundeep Sanghera

We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.

Jodie Wood

I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.

Maura O'Flynn

 

For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.

Margaret Clarke, BA, CIPD

I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.

Mr. Heaney

I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.

Ken

I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.

Jane Longstaff

An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.

Miss P

 

An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!

Sheila Ni Conchobhair

Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.

Stephen McC

 

Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.

Mercure Telford Madeley Court Hotel

We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.

Amanda Collier

The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.

Shahan Mir

Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.

Mr J. McBrearty

On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.

Helen B

An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.

Mr C. Pilkington

The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.

Samantha Temple

Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.

James

 

Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.

Fusion Personnel

I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.

Jatinder Dhesi

A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.

Anonymous

I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.

Rahal Miah

Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.

Robert Morris

I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.

Robin Prasad

My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.

Matthew Bacon

Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.

Matthew Nutt

Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.

Dr. Lotsu

Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.

Lewis Boddingtonn

From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .

T. Singh

The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.

Mr Singh

 

Request A Callback or Email from a Kang & Co Solicitor

Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.

 

Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

5 Chancery Lane
London
WC2A 1LG

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA

Accreditations, Partnerships and Press

Our Competitively Priced Agreed Fees for Motoring Offences start from £1,000 + VAT

Our Competitively Priced Fixed Fees for Criminal Offence cases start from £1,500 + VAT

|

An Excellent Service, Mr. Kang is a highly sought solicitor. Very knowledgeable about the subject to hand and extremely confident with the advice given to me at the time of a stressful situation.

I would recommend Kang and Co Solicitors above any other company I’ve spoken too.

Above all I got the outcome I desired based upon Mr. Kang expertise.​

Miss. P

|

Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome.

Excellent service from initial contact to finishing the court case. Would recommend to anyone.

Robert Morris

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

birmingham office lawyers

Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

london office lawyers

London Office

5 Chancery Lane
Holborn
London
WC2A 1LG

milton keynes office lawyers

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes
MK9 2EA

Business Hours

Monday – Friday
09:00 – 17:00
Weekends/Bank Holidays
Closed

Meetings at our offices are by Appointment Only

  REQUEST A CALL BACK
close slider

kang and co solicitors logo 2018