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Accused of failing to identify the driver?
Specialist
Defence Lawyers
If you’ve received a Notice of Intended Prosecution (NIP) and a Section 172 request from the police asking who was driving your vehicle, you are legally required to respond. Failing to identify the driver can lead to six penalty points and a fine of up to £1,000.
At Verida Legal, we specialise exclusively in motoring law. Our solicitors regularly defend drivers accused of failing to identify the driver, helping clients avoid unnecessary penalty points. We offer free initial advice and fixed-fee representation to give you clarity from the start.
About The Offence
“Failing to provide driver details” usually means the police have asked you to identify who was driving a vehicle at the time of an alleged offence and they say you didn’t respond properly or in time. It’s often linked to a Notice of Intended Prosecution and a Section 172 request, commonly following a camera-detected offence where the vehicle is known but the driver isn’t.
This charge can sometimes be more serious than the original allegation, with six penalty points and a significant fine on conviction. In many cases, the outcome turns on the detail. Whether the notice was received, whether you responded, or whether you could realistically identify the driver.
If you’ve received paperwork, don’t guess your way through it. Early advice can make a real difference.
Under section 172 of the Road Traffic Act 1988, you must identify the driver of a vehicle when requested by the police. You commit an offence if you:
- Fail to respond to a request for driver details; or
- Provide information that is false or incomplete.
The offence applies even if you were not the driver. If the police have formally required you to identify the driver under section 172, then you are required to comply with their request.
How We Defend Failure to Respond Charges
Every case is different and small details can make a big difference.
That is why it is crucial we review the evidence thoroughly.
Our solicitors examine all aspects of the case and identify possible defences.
Depending on the circumstances, we may look at:
Insufficient Information
We check whether the NIP contains sufficient details about the alleged offence (e.g. date / location). If the NIP is missing key details, this can undermine the prosecution’s case and may provide a defence.
Service
We check how the notice was issued and whether you actually received it. If you didn’t receive the request through no fault of your own, that can be central to the defence.
Reasonable Diligence
If you genuinely didn’t know who was driving, we help you show the court what steps you took to find out — and whether you did everything that could reasonably be expected in the circumstances.
Proof of Response
If you completed and returned the form, we look at the timeline and any evidence that supports your account, including how and when it was sent.
Mitigation & Totting Up Risk
If a conviction would take you to 12 or more points, you will automatically face a six-month disqualification under totting-up rules. In these situations, we can represent you at a separate exceptional hardship hearing, arguing that a disqualification would cause disproportionate hardship to you or others.
See our Exceptional Hardship page for more information.
Exclusive Focus on Motoring Law
Fixed Fees for Every Case Type
Sentencing Guidelines for Failing to ID
Failing to provide driver details is treated seriously because it prevents the police from investigating the original allegation. If you plead guilty or are found guilty, the court will usually impose 6 penalty points and a fine, which can be more severe than the penalty for the offence that triggered the request.
If you passed your driving test within the last two years, 6 points can trigger the revocation of your licence under the new driver provisions. You will have to reapply for a provisional licence and re-take your theory and practical tests, which can affect your work, insurance and day-to-day life.
If you’ve received a fixed penalty notice, Single Justice Procedure Notice, or a court date, we’ll explain your options clearly and help you protect your licence.
Failed To
Provide details
Whether this is your first offence or you’re at risk of a ‘totting up’ ban, we’ll guide you through the process and fight for the best possible outcome.
What to Do if You’ve Been Charged
If you’ve received a postal charge for failing to identify the driver:
- Do not ignore it – you may be required to attend court.
- Contact us immediately – early legal advice can significantly influence the outcome.
- Have your paperwork ready – we’ll review your charge sheet and any other paperwork you have received.
Our solicitors will explain the process and review your case in detail. We will provide clear, practical advice on your options.
