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.
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
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.
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.
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.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
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.
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.
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.
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.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
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.
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.
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.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
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.
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.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
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.
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.
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.
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.
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.
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.
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.
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.