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Failure to Furnish Information - S172 Road Traffic Act 1988

A “Notice of Intended Prosecution” (NIP) is the document that drops though the door from the Police asking for the identity of the driver after an alleged offence has been committed. 

The NIP has to be sent to the registered keeper of the vehicle within 14 days of the date of the alleged offence. If this time scale isn’t met then the Police cannot prosecute.  But be careful - just because you didn’t receive a NIP within 14 days, it doesn’t mean that the registered keeper didn’t!. Many people have contract hire or have company vehicles etc and they may have received the NIP.

There is no automatic obligation to return the NIP but if you don’t you will be prosecuted for the offence of failing to provide information and this carries 6 penalty points.

Different obligations attach to the registered keeper and to other types of keeper. In fact the law is very complicated on this. The number of penalty points for failing to provide information is often greater than for the offence for which the information is sought.  It is important to get the response to these matters right.

It is also worth remembering that if you can show that you did not receive the NIP in the first place, you may have a defence to failing to furnish information. With reminders being routinely sent this can be difficult, but we have successfully defended many motorists who did not receive the NIP.

If you have received an NIP or a summons don't delay; get in touch with us immediately. In most circumstances we are able to deal with your matter on a fixed fee basis.