Failure To Give Details
Where a registered owner of a motor vehicle fails to furnish information concerning the identity of a driver, an offence under Section 172 of the Road Traffic Act 1988 is committed. This carries 6 penalty points which can often be more than the penalty points recommended for the original speeding offence.
Our expert solicitors can advise you in respect of the potential defences available for this offence. The options include:
- You did not receive the Notice of Intended Prosecution or Summons within the statutory time limits.
- You exercised reasonable diligence in trying to ascertain who the driver was at the material time.
- You were not the registered keeper of the motor vehicle at the time the offence was committed.
- The prosecution should accept a speeding offence in place of the more onerous Section 172 offence, potentially reducing the number of penalty points to be endorsed on your licence
- The prosecution should accept a speeding offence in place of the more onerous Section 172 offence, potentially reducing the number of penalty points to be endorsed on your licence.
There are other technical defences available to an offence of failing to provide information in respect of the driver, often relating to procedure and the exact format of the notice served or purported to have been sent to you. #1 Motoring Solicitors have defended numerous clients and helped establish that they have been let down by the postal system or the requisite notice was not sent by First Class Post or Recorded Delivery to you. We employ unique defence tactics to help motoring clients establish a postal or service of document defence.
Based in Cardiff, #1 Motoring Solicitors have have defended clients throughout South Wales and the West, including Newport, Swansea and Llanelli.
Please contact us for advice if you are facing disqualification under the ‘totting’ up provisions or a penalty point driving ban.