Failing To Furnish Information
Failing To Furnish Information
Failing to Furnish Information
If you have received a Notice of Intended Prosecution (NIP) please do not ignore it. Placing it in a drawer and hoping that it will go away could see you prosecuted for the offence of failure to furnish information. The penalty for failing to furnish information is £1000 and six penalty points added onto your licence.
We can advise you on how to deal with a failure to furnish information charge and what defences are available to you.
What is Failure to Furnish Information?
Failure to furnish information refers to a misdemeanour under section 172 of the Road Traffic Act, which makes it an offence to fail to respond to a request from the police to provide information about who was the driver of a vehicle at the time an offence was committed. An NIP should arrive within 14 days of your vehicle being clocked speeding which will request the name of the person driving the vehicle at the time of the offence. If you do not respond within 28 days, you can be charged with failure to furnish information.
What Are the Defences for Failure to Furnish Information?
Under section 172 of the Road Traffic Act 1988 there are two defences for failure to furnish information:
1. If the person served the NIP can show that they used reasonable diligence to ascertain who the driver of the vehicle was and they are unable to identify them; or
2. They can show that they gave the information as to who the driver was as soon as reasonably practicable.
If you can show on balance of probabilities that you did not receive the NIP or that you responded to the NIP and the police did not receive your posted response, then you have a defence to the charge of failure to furnish information. You can support your defence by showing that particular circumstances within your area made it more likely that the NIP was not received. These could include:
• Known disruption of the postal service at the time the NIP was sent
• Previous theft of mail within your area of residence.
Our barristers can advise you on the best defence to take to defend you position. We will also ensure that you are kept fully informed as your matter progresses through the court system. Our vast knowledge and experience in the area of motor vehicle offences allows our team to put together a strong, persuasive defence based on the facts of your particular circumstances.
If you have been charged with failing to furnish information then call us today on 0207 797 7788 or fill in our contact form and will be in touch with you shortly.
