Failure to Provide Driver Information : s172 Road Traffic Act 1988 Many drivers will be familiar with the "NIP" (Notice of Intended Prosecution). This usually arrives in the post and it is combined with a requirement to provide information as to who the driver was at the time of an offence.
There is no automatic obligation upon you to reply to these notices. If you do not do so and you are prosecuted for the offence of failing to provide information you may well have a defence. Different obligations rest upon the keeper of the vehicle and persons other than the keeper. The law is extremely complex here. The onus rests upon the keeper to prove that he did not have the information requested. Conversely, the onus is on the prosecution to prove that a person other than the keeper had the information requested. The importance of this distinction, and the consequent necessity for a specialist lawyer to guide you through the minefield, is emphasized by the penalty for this offence if conviction: 6 penalty points on your licence and a fine up to £1,000.
It is therefore important that you contact motoringlawyers.com as soon as you receive a "NIP".
