Blue 'POLICE ROAD CLOSED' sign with a police car blocking the road.

Failure to Name a Driver

If you receive a Notice of Intended Prosecution (NIP), it will typically be accompanied by a Request for Driver Information, also known as a Section 172 Notice. This notice requires the registered keeper of a vehicle to provide information identifying the driver at the time of the alleged offence to the police.

Once received, you are legally required to complete the notice accurately and return it within 28 days.

Providing false or misleading information is a serious offence and can result in prosecution, with penalties that may include imprisonment.

What Are the Penalties for Failure to Name a Driver?

Failing to respond to a Section 172 Notice is a criminal offence punishable by:

6 penalty points on your driving licence.
A fine, which could be substantial depending on the circumstances.

What Are Defences to Failure to Name a Driver Charges?

You may have a defence to the charge of failing to name a driver if:

You genuinely did not know who the driver was and could not have determined their identity even with reasonable diligence.
Practical difficulties in responding: If the notice was sent by post, you may have a defence if you can demonstrate that you provided the required information as soon as reasonably practicable after the 28-day period, or it was not reasonably practicable to provide the information at all.

How Can DJMS Solicitors Help?

If you are facing a charge for failing to name a driver, do not delay—get in touch for prompt, confidential expert legal advice and representation. We can guide you through the process, protect your rights, and work towards the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.