Failing to Furnish Information Solicitors | Expert Defence

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Failing to Furnish Information Solicitors: Expert Legal Defence Nationwide

Being prosecuted for failing to furnish information or failing to furnish driver details can result in serious penalties including 6 penalty points, substantial fines, and even disqualification. At Scarsdale Solicitors, we are expert failing to furnish information solicitors who specialise in defending people charged with Section 172 Road Traffic Act 1988 offences across England and Wales. Moreover, our failing to furnish information solicitors have a proven high success rate in motoring offence cases and have defended hundreds of clients successfully.

Furthermore, under the leadership of Shazia Ali, with over 20 years of specialist motoring law experience, we understand the technical complexities of these cases. Therefore, we identify defences that other solicitors miss. Additionally, we know how to challenge prosecution evidence effectively and present compelling legal arguments to magistrates.

What You Need to Know:

  • Conviction carries 6 penalty points (not disqualification in most cases)
  • Fine up to £1,000
  • Strict time limits apply to prosecution
  • Multiple technical defences available
  • Early legal advice crucial
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What is Failing to Furnish Information or Failing to Furnish Driver Details?

Failing to furnish information is a criminal offence under Section 172 of the Road Traffic Act 1988. Specifically, it occurs when the registered keeper of a vehicle fails to provide information about who was driving at the time of an alleged motoring offence.

The offence typically arises in these situations:

When Does Section 172 Apply?

Police send a Notice of Intended Prosecution (NIP) to the registered keeper requesting driver details. Moreover, this usually follows:

  • Speed camera detection
  • Red light camera activation
  • Bus lane violations
  • Congestion charge offences
  • Parking contraventions requiring driver identification
  • Any motoring offence where the driver’s identity is unknown

The registered keeper must respond within 28 days naming the driver. Furthermore, failure to do so without reasonable excuse constitutes an offence, even if you were not the driver.

What Information Must You Provide?

Under Section 172, you must provide:

  • The full name of the person driving
  • Their address
  • Their date of birth (if requested)
  • Any other information that may lead to identification of the driver

Importantly, simply returning the form stating “I don’t know who was driving” is insufficient unless you can demonstrate reasonable diligence in attempting to identify the driver.

proud-businesswoman-showing-her-report-on-Failing-to-Provide-a-Specimen

Penalties for Failing to Furnish Information Offences

The consequences for a failing to furnish information conviction are significant. According to the Magistrates’ Court Sentencing Guidelines, failing to furnish information solicitors can help you understand and potentially challenge these penalties:

Standard Penalties

6 penalty points (mandatory)

  • These points remain on your licence for 4 years
  • They remain on your driving record for 11 years
  • They count towards totting up disqualification (12 points in 3 years)

Fine up to £1,000

  • The court determines the fine based on your income
  • Starting point is usually 150% of weekly income
  • Aggravating factors can increase this significantly

Criminal record

  • The conviction appears on criminal record checks
  • It affects employment prospects, especially driving roles
  • It significantly increases car insurance premiums

Possible disqualification

  • In exceptional cases, courts may impose discretionary disqualification
  • This typically occurs where aggravating factors are present
  • Disqualification periods vary based on circumstances

If You’re at Risk of Totting Up

If you already have penalty points on your licence, 6 additional points could trigger a totting up ban:

  • 12 or more points within 3 years = minimum 6-month driving ban
  • However, you can apply for exceptional hardship to avoid disqualification
  • Our failing to furnish information solicitors specialise in exceptional hardship applications

Aggravating Factors That Increase Penalties

According to the Sentencing Council guidelines, several factors can result in harsher penalties:

  • Deliberate non-compliance rather than oversight
  • Multiple failures to respond to notices
  • Previous convictions for similar offences
  • Evidence of attempting to pervert the course of justice
  • Commercial vehicle operators who fail to maintain proper records
  • Professional drivers who should know their obligations

Repeated warnings from authorities

Mitigating Factors That Reduce Penalties

Conversely, these factors may reduce your sentence:

  • Genuine confusion about the notice requirements
  • First-time offender with clean driving record
  • Prompt admission once the issue was understood
  • Genuine attempts made to identify the driver
  • Medical or personal circumstances affecting ability to respond
  • Administrative error rather than deliberate avoidance

Critical Warning: Never Nominate a False Driver

Nominate someone else as the driver when they weren’t driving

Accept penalty points for someone else

Provide false information on the Section 172 form

Encourage or allow someone to take points for you

Create false records or evidence

Why This is Extremely Serious

Attempting to pervert the course of justice is one of the most serious criminal offences. Moreover, the consequences are devastating:

Prison sentence

  • This offence carries significant prison sentences
  • Even respectable professionals receive immediate custody
  • Previous good character provides little mitigation
  • The courts take an extremely dim view of dishonesty

Criminal record for serious offence

  • Far more serious than any motoring conviction
  • Affects employment permanently
  • Affects international travel
  • Professional licences revoked

Additional prosecutions

  • Both person providing false information AND person accepting points prosecuted
  • Multiple offences charged
  • Co-conspirators face same charges

No leniency

  • Courts show no mercy for this offence
  • Professional status irrelevant
  • Family circumstances rarely prevent custody
  • “Everyone else does it” is not mitigation

High-Profile Examples

The Crown Prosecution Service actively prosecutes these cases. Furthermore, numerous high-profile cases demonstrate serious consequences:

  • Politicians imprisoned for asking others to take points
  • Celebrities jailed for false driver nominations
  • Professionals losing careers over points-swapping
  • Family members prosecuted for helping each other

Read CPS Guidance on Perverting Justice

The Legal Approach

Scarsdale Solicitors, always act within the confines of the law. Moreover, we will never condone or advise any client to lie or provide false information to achieve an acquittal.

Instead, we:

✓ Identify lawful technical defences

✓ Challenge prosecution evidence legitimately

✓ Present reasonable diligence defences properly

✓ Argue procedural irregularities legally

✓ Protect your rights throughout proceedings

Our high success rate comes from expert legal knowledge, not from dishonest tactics. Furthermore, we achieve results through professional expertise and thorough case preparation.

If you’ve already nominated a false driver, contact us immediately for confidential legal advice. Importantly, early intervention may mitigate consequences, but we cannot assist with covering up false information.

The Court Process for Failing to Furnish Information Cases

Understanding the court process is crucial. Moreover, consulting failing to furnish information solicitors early significantly improves outcomes.

1

Initial Notice of Intended Prosecution (NIP)

Timeline: Within 14 days of alleged offence

  • Notice sent to registered keeper's address
  • Requests driver details for alleged motoring offence
  • Includes Section 172 requirement to provide information
  • 28 days allowed for response

What to do:

  • Respond within 28 days
  • Provide accurate driver information if known
  • If unsure, explain steps taken to identify driver
  • Keep copies of everything sent
  • Get proof of posting
2

Failure to Respond - Reminder Notice

Timeline: After 28-day deadline expires

  • Reminder notice may be sent
  • Warns of prosecution for failing to furnish information
  • Provides final opportunity to respond
  • Further deadline specified

What to do:

  • Respond immediately even if past original deadline
  • Explain reason for delay
  • Provide driver details or evidence of reasonable diligence
  • Contact failing to furnish information solicitors urgently
3

Decision to Prosecute

Timeline: Several weeks after deadline

  • Prosecuting authority decides whether to charge
  • Factors considered include: deliberate non-compliance, previous history, circumstances
  • Single Justice Procedure Notice (SJPN) issued

What to do:

  • Do not ignore court papers
  • Contact us immediately upon receiving prosecution notice
  • Do not plead guilty without legal advice
  • Preserve all evidence relevant to your defence
4

Single Justice Procedure (Most Cases)

Timeline: 21 days to respond to SJPN

Most failing to furnish cases are dealt with through the Single Justice Procedure. Moreover, this means:

  • No court appearance required if pleading guilty
  • Magistrate reviews case on paper
  • You can submit written mitigation
  • Sentence decided without hearing

However, you can:

  • Opt out and request a court hearing
  • Plead not guilty and proceed to trial
  • Submit evidence of reasonable diligence defence

What to do:

  • Complete notice within 21 days
  • Consider requesting court hearing for complex cases
  • Submit written mitigation if pleading guilty
  • Get legal advice before submitting any plea
5

Pleading Not Guilty - Court Hearing Listed

Timeline: First hearing 4-8 weeks after not guilty plea

If you plead not guilty or request a hearing:

  • Case listed at local Magistrates' Court
  • First hearing is a case management hearing
  • Prosecution must serve evidence
  • Defence must identify issues in dispute
  • Trial date set (usually 8-12 weeks later)

What to do:

  • Attend first hearing (or we can attend on your behalf)
  • Review all prosecution evidence
  • Identify defence witnesses needed
  • Gather supporting documentation
  • Allow us to prepare your defence properly
6

Trial at Magistrates' Court

Timeline: Usually 3-6 months from charge

At trial:

  • Prosecution presents evidence (usually written statements)
  • Police officer may give evidence about notice service
  • Postal records examined
  • Defence presents your case
  • You may give evidence
  • Defence witnesses called
  • Legal submissions made

Our failing to furnish information solicitors will:

  • Cross-examine prosecution witnesses
  • Challenge documentary evidence
  • Present your reasonable diligence defence
  • Call supporting witnesses
  • Make legal arguments about notice validity
  • Present compelling mitigation if needed
7

Verdict and Sentencing

Same day as trial

After hearing all evidence:

  • Magistrates retire to consider verdict
  • Guilty or not guilty verdict announced
  • If guilty, sentencing follows immediately
  • Mitigation presented to reduce penalty
  • Sentence imposed

Possible outcomes:

  • Not guilty: Case dismissed, no penalty, no points, no conviction
  • Guilty: 6 penalty points, fine up to £1,000, costs, victim surcharge
  • Special reasons: Conviction but points avoided (rare)
8

Appeal

Timeline: 21 days from sentence to lodge appeal

If wrongly convicted or sentence excessive:

  • Appeal to Crown Court
  • Complete rehearing of case
  • Crown Court judge and magistrates hear appeal
  • Fresh evidence can be presented
  • Sentence can be increased, decreased, or confirmed

What to do:

  • Contact us within 21 days if considering appeal
  • Do not delay - strict time limits apply
  • We assess appeal prospects honestly
  • Strong grounds needed for success

Why Choose Scarsdale Solicitors for Failing to Furnish Information Defence?

When you need failing to furnish information solicitors, choosing the right legal team can make all the difference to your case outcome.

We Understand the Technical Complexities

Failing to furnish information cases involve intricate legal and procedural details. We have in-depth knowledge of:

  • Section 172 Road Traffic Act 1988 requirements
  • Reasonable diligence case law and defences
  • Notice service requirements and time limits
  • Single Justice Procedure tactics
  • Magistrates’ Court procedure and advocacy
  • Sentencing guidelines and mitigation strategies

Transparent Pricing, No Hidden Costs

  • Fixed fees for straightforward cases

  • Clear hourly rates for complex matters

  • Free initial consultation for all clients

  • Payment plans available

Personalised, Compassionate Service

We know this may be your first encounter with the criminal justice system. Therefore, our failing to furnish information solicitors provide:

  • Clear, jargon-free explanations
  • Regular updates on your case progress
  • Evening and weekend appointments available
  • Direct access to your legal team
  • Multilingual support (English, Urdu, Punjabi)

Rapid Response Times

  • Guaranteed call back within 30 minutes during office hours

  • 24/7 availability for urgent matters

  • Immediate case assessment

Nationwide Representation

While based in Rochdale, we represent clients across England and Wales in all magistrates’ courts. Moreover, whether your case is in London, Manchester, Birmingham, or anywhere nationwide, we provide expert representation.

Outstanding Client Reviews

With over 244 verified five-star reviews and a 4.8/5 rating, our clients consistently praise our:

  • Professional expertise

  • Clear communication

  • Successful outcomes

  • Supportive approach
Serving Clients Across 170+ UK Locations

Expert legal services in major cities, towns, and boroughs throughout England and Wales.

North West England

Yorkshire & Humber

North East England

East of England

South West England

Other Practice & Services Areas

We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven high success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.

We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven high success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.

Motoring Offences

Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:

 

Drink Driving Services

Furthermore, our drink driving defence includes specialist support for:

 

Drug Driving Services

Additionally, our drug driving expertise covers:

 

Failing To Offences

Moreover, we defend all “failing to” offences including:

 

Other Motoring Services

Consequently, our comprehensive motoring defence also includes:

 

Criminal Defence

Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.

Immigration & Sponsorship

Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.

 

Family Law & Divorce

Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.

 

Get Expert Legal Help Today

Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.

Call: +44 (0) 161 660 6050

Email: info@scarsdalesolicitors.com

Frequently Asked Questions

Understanding offences and process helps you make informed decisions about your future.

Section 172 requires the registered keeper of a vehicle to provide information identifying the driver when requested by police or local authorities investigating an alleged motoring offence. Moreover, failure to provide this information without reasonable excuse is a criminal offence carrying 6 penalty points and up to £1,000 fine.

You have 28 days from the date of service of the notice to respond. Furthermore, the date of service is usually 2-3 days after posting (presumed postal delivery). Therefore, act quickly upon receiving the notice. Additionally, late responses may still be accepted in some circumstances, but don't rely on this - respond within 28 days.

If you genuinely don't know and you've exercised reasonable diligence to find out, you have a complete defence under Section 172(4). However, you must demonstrate what steps you took:

  • Who you asked
  • What records you checked
  • Why identification was impossible despite efforts

Moreover, simply stating "I don't know" without evidence of reasonable efforts is insufficient. Therefore, document everything you do to identify the driver.

Obtain proof of posting or delivery from Royal Mail or courier service. Furthermore, if you sent by recorded or tracked delivery, get tracking records. Additionally, check if you kept a copy of your response. Moreover, email confirmations (if email response accepted) are valuable evidence. Our failing to furnish information solicitors can challenge prosecution claims of non-receipt with proper evidence.

Yes. The offence is failing to provide driver information as the registered keeper, regardless of whether you were driving. Specifically, your obligation is to identify who was driving, not to have been driving yourself. Therefore, even if you weren't the driver, you must still respond to Section 172 notices.

If a company is the registered keeper, the company (through a director, manager, or secretary) must respond. Moreover, companies can be prosecuted for failing to furnish information. Additionally, individual officers can be personally liable in some circumstances. Therefore, companies need proper fleet management systems to track vehicle usage.

If convicted, 6 penalty points are mandatory - magistrates have no discretion to impose fewer points. However:

  • If acquitted, you receive no points
  • Special reasons (extremely rare) might avoid points while still convicted

Therefore, fighting the case successfully is the only reliable way to avoid points.

Disqualification is not mandatory, but courts have discretionary power to disqualify instead of imposing points. Furthermore, disqualification typically occurs only where:

  • Aggravating factors present (deliberate refusal, previous similar offences)
  • You're already at risk of totting up
  • Exceptional circumstances warrant disqualification

Moreover, our failing to furnish information solicitors argue against discretionary disqualification effectively.

If you already have 6+ points and receive another 6 points for failing to furnish, you'll reach 12 points and face totting up disqualification (minimum 6-month ban). However:

  • Exceptional hardship arguments may avoid disqualification
  • Successfully defending the case avoids points entirely
  • Our exceptional hardship specialists have excellent success rate

Reasonable diligence means taking all reasonable steps to identify the driver. This includes:

  • Asking all family members/employees with access
  • Checking work schedules, diaries, calendars
  • Reviewing journey logs or fuel receipts
  • Checking GPS or telematics if available
  • Investigating in reasonable detail

Moreover, what's "reasonable" depends on your circumstances - a company should have better records than an individual. Therefore, the test is: did you do what a reasonable person in your position would do?

Potentially yes. If you'd properly notified DVLA of your address change but notices were still sent to the old address, this may invalidate the requirement. Moreover, we obtain DVLA records proving your address notification and challenge improper service. However, you must have actually updated DVLA - failing to update DVLA when you move isn't a defence.

Yes. You have 21 days from sentence to lodge an appeal to Crown Court. Furthermore, Crown Court conducts complete rehearing of your case. Additionally, fresh evidence can be presented. However, Crown Court can also increase sentence (rare but possible), so appeals need strong grounds. Therefore, consult our failing to furnish information solicitors within 21 days if considering appeal.

Once you've pleaded guilty, options are limited. However:

  • If not yet sentenced, we can present powerful mitigation
  • If already sentenced, appeal may be possible in limited circumstances
  • If you were misled or didn't understand, special application may be made

Contact us immediately if you've pleaded guilty but now have concerns. Time limits are strict.

We offer:

  • Free initial consultation
  • Fixed fees for straightforward cases
  • Competitive hourly rates for complex matters
  • Flexible payment plans
  • Transparent pricing with no hidden costs

Furthermore, specific fees depend on case complexity and whether trial is required. Moreover, we provide clear written quotes after assessing your case. Therefore, call for accurate pricing specific to your circumstances.

You can, but we strongly advise against it. Specifically:

  • Section 172 law is technical and complex
  • Presenting reasonable diligence defence requires expertise
  • Cross-examination skills essential
  • Magistrates' procedure knowledge critical
  • Sentence mitigation requires experience

Moreover, the consequences of conviction (points, fine, insurance increases, criminal record) far exceed legal fees. Therefore, professional representation dramatically improves your chances and is cost-effective investment.

As soon as possible - ideally immediately upon receiving any notice or court papers. Furthermore, the earlier we're involved, the better we can prepare your defence and gather supporting evidence. Additionally, strict time limits apply to responding to Single Justice Procedure notices (21 days). Therefore, don't delay - contact us the day you receive any court paperwork.

Yes. While our office is in Rochdale, we represent clients across England and Wales in all magistrates' courts. Moreover, we have extensive experience in courts nationwide from London to Manchester, Birmingham to Newcastle. Therefore, wherever your case is heard, we can represent you.

In many cases, we can attend court on your behalf without you being present. Specifically:

  • Guilty pleas through Single Justice Procedure require no attendance
  • Some hearings we attend as your legal representative
  • Trials typically require your attendance to give evidence

Furthermore, if you have unavoidable commitments preventing attendance, court may grant adjournment in exceptional circumstances. Therefore, discuss specific circumstances with us.

Don't Face This Alone - Contact Scarsdale Solicitors Today

A conviction for failing to furnish information can have serious consequences: 6 penalty points, substantial fine, criminal record, increased insurance, and potential employment impact. However, with expert legal defence from experienced failing to furnish information solicitors, many cases result in complete acquittals.

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I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs

I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs

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