Received a Section 172 notice asking who was driving? Our solicitors can advise on how to respond and whether a defence to failing to furnish driver information may be available.
High
Enter your details below for a free initial call.
Our team can review service of the notice, your response and the steps taken to identify the driver. We explain the available options and the evidence needed for any defence, without promising a particular outcome.
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:
Failing to furnish information is an offence under Section 172 of the Road Traffic Act 1988.
It usually arises when the registered keeper receives a Notice of Intended Prosecution asking them to identify the driver following an alleged offence, such as:
The notice will usually require a response within 28 days. You may need to provide the driver’s full name and address, along with any other information that may help identify who was driving.
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)
Fine up to £1,000
Criminal record
Possible disqualification
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:
Aggravating Factors That Increase Penalties
According to the Sentencing Council guidelines, several factors can result in harsher penalties:
Repeated warnings from authorities
Mitigating Factors That Reduce Penalties
Conversely, these factors may reduce your sentence:
❌ 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
Criminal record for serious offence
Additional prosecutions
No leniency
The Crown Prosecution Service actively prosecutes these cases. Furthermore, numerous high-profile cases demonstrate serious consequences:
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.
Understanding the court process is crucial. Moreover, consulting failing to furnish information solicitors early significantly improves outcomes.
A written section 172 requirement normally allows 28 days from service. Read the notice carefully and keep the envelope. A Notice of Intended Prosecution and the requirement to identify the driver are distinct legal matters, even when combined in one document.
Check available records and speak to possible drivers promptly. Provide the information required, using the instructed response method. If you cannot identify the driver, give an accurate account of your enquiries and seek advice. Keep copies and evidence of submission.
The police are not required to send a reminder before prosecuting a failure to respond. Requests for photographs or correspondence do not automatically extend the time limit. If more time is needed, contact the issuing office promptly and obtain advice.
If a Single Justice Procedure Notice or other court papers arrive, follow the stated response deadline. Send your solicitor the notice, any reply, postal evidence and supporting records. We assess the charge and explain plea options and possible consequences.
A disputed case may require a hearing and evidence about your knowledge, enquiries or response. The court decides whether the legal defence is established. If convicted, sentencing may include six points or disqualification and a fine. Hearing dates depend on the court and case.
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:
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:
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
Expert legal services in major cities, towns, and boroughs throughout England and Wales.
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.
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
Speeding Offence UK – Expert Legal Defence for All Speeding Charges
Furthermore, our drink driving defence includes specialist support for:
Additionally, our drug driving expertise covers:
Drug Driving Offences – Expert Legal Defence for Drug Driving Charges
Moreover, we defend all “failing to” offences including:
Consequently, our comprehensive motoring defence also includes:
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.
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.
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
Understanding offences and process helps you make informed decisions about your future.
It requires information about the identity of a driver following an alleged motoring offence. The duties depend on whether you were the person keeping the vehicle or someone else with relevant information. Read the actual notice and respond accurately using the stated method.
A written requirement normally allows 28 days from service. Keep the notice and envelope and record the deadline. Do not assume a photograph request, a holiday or an exchange of letters pauses the time limit. Contact the issuing office and obtain advice if you cannot respond in time.
The keeper may have a defence if they did not know and could not with reasonable diligence have identified the driver. Check diaries, receipts, work records, photographs and possible drivers. Document the enquiries and their results. Simply saying that you cannot remember is unlikely to be enough.
No. A possible defect in the notice for the original offence does not automatically remove the separate duty to provide driver information. The rules on a first notice, nominated drivers and exceptions need careful checking. Seek advice while still addressing the section 172 deadline.
Keep your response, proof of posting, online confirmation and address records. Whether service or compliance can be proved is evidence-dependent. If you first learn about a case after conviction, get prompt advice because procedures for challenging it have deadlines.
Act promptly and explain the circumstances accurately. There can be a defence where it was not reasonably practicable to provide the information in time and the statutory conditions are met. A late response does not automatically cancel an offence. Obtain advice and retain evidence of the obstacle and your later actions.
A conviction can carry six penalty points and a fine of up to £1,000; the court also has disqualification powers. Existing points may create a totting up ban risk. Drivers within the new-driver probationary period may face licence revocation, which is different from a court-imposed ban.
Company and fleet cases may involve vehicle allocation records, booking systems, mileage, job schedules and staff enquiries. The legal duties and record-keeping issues need individual review. Preserve the records that existed at the time and explain any gaps honestly.
Bring the notice and envelope, all police or court correspondence, your response and submission evidence, driving record and a dated account of your enquiries. Contact our private motoring defence team for an initial discussion about the case and fees. Official Police.uk guidance also explains driver-information notices.
If you have received a Section 172 notice, Single Justice Procedure Notice or court paperwork, contact Scarsdale Solicitors before responding.
We can review your situation, explain the possible consequences and advise on the next steps.
Call 0161 660 6050 or book a confidential consultation online.
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
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
