Section 172 Notice – Do I Have to Name the Driver of My Car?
If your car is involved in a driving offence a section 172 notice is provided with the Notice of Intended Prosecution (NIP) for the driving offence, this usually comes in the post. The s.172 is the requirement to provide driver information. You must respond to this. If you don’t respond, you risk being prosecuted and receiving 6 penalty points and a fine up to £1000.
If you were the driver, you must fill out your personal details.
If you were not the driver but know who the driver was, you must put their details.
If you do not know who the driver was at the time of the offence, the s.172 must still be completed. You must provide the details of all people who may have been driving at the time of the offence.
The s.172 response must be provided within 28 days.
If I am charged with a s.172 offence is there anything I can do?
There are a number of different defences that can be put forwards, depending on the situation. The below defences are for the registered keeper.
As the registered keeper you may be able to show that you have acted with reasonable diligence and could not have ascertained who the driver of the vehicle was. There is no definition of what reasonable diligence is, so do contact one of our lawyers to see if you are likely to meet this defence.
Not reasonably practicable to identify the driver.
This is where you have not been able to identify the driver within the 28-day time limit. It is important to show that you provided the information as soon as reasonably practicable thereafter.
I did not get the notice
Where it can be proven on the balance of probabilities that you did not receive the notice as it had not been delivered, you are not guilty of the offence. The presumption of service must be rebutted- this can be a difficult test to meet.
I did respond but I am still being prosecuted
If you have responded, you must be able to cast reasonable doubt on the assertion that you have not responded. There is no burden for you to prove service.
I am not the registered keeper, but I have been served with a s.172 Notice: what do I do?
If you are not the registered keeper, you must provide ‘that which is within your power to give’.
What happens if I have been served with a s.172 Notice as a Company rather than an individual?
The requirement to respond is still the same. However, for limited companies, endorsement is not available; a fine is the only available penalty. The fine can be up to £1000.00.
If you’ve had a s.172 prosecution, get in contact with one of our friendly lawyers today.