Failing to Provide Driver Details

Driver details and the Notice of Intended Prosecution

If the police have observed you breaking the law by committing a motoring offence, you may not be pulled over immediately but instead be informed of the offence via a Notice of Intended Prosecution (NIP). This is a document which will be delivered to the registered owner of the vehicle in question.

Usually this procedure is used for breaches of the law such as speeding or ignoring traffic lights. The police generally have up to 14 days to inform you of the offence, though this time limit is waived in cases where the relevant vehicle was involved in an accident. If you do not receive the NIP within 14 days in any other case, they will generally not be able to charge you.

After receiving a NIP, you are legally obliged to respond with the details of the individual who was driving the car at the time the offence was committed. If you neglect to provide these within 28 days then you will be charged with failure to provide driver details, an offence which means you could be fined up to £1,000 and will receive 6 points on your license.

There are potential defences for these charges – for example, if you did your best to ascertain the driver’s identity when the offence was committed but have been unable to, you will be able to argue this in court; or if the NIP was not received within 14 days, as mentioned earlier, this can invalidate the case for the prosecution.

In such circumstances, it is vital that you seek expert legal advice, to ensure that any defence to your charge is presented correctly and professionally.