
When a vehicle is alleged to have committed a driving offence but is not stopped at the time, the registered keeper of the vehicle must be issued with a 'Notice of Intended Prosecution' within 14 days. This notice will require the keeper to assist in identifying the driver of the vehicle at the time of the offence. Failure to provide this information may result in a prosecution for failing to furnish information pursuant to Section 172 of the Road Traffic Act 1988.
If you do not know who the driver was at the relevant time you may have a defence if you can establish that you acted with 'reasonable diligence' to ascertain who the driver was. You will be required to give evidence as to these efforts at Court and provide evidence such as requests for photographs, consideration of diaries etc.
Failure to provide driver information is a complex issue that requires expert legal advice. If you have failed to return a Section 172 Notice of Intended Prosecution, our specialist team can help.
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