Failing to Provide Driver Information

If the driver of a vehicle is believed to have committed an offence against the rules of the road, the registered keeper of the vehicle would receive a request from the Chief Constable to provide them the information as to the driver’s identity at the moments of the offence.

It has been observed however, that there are times during this process that things go wrong and you’ll see yourself being charged with an offence called “Failing to Provide Driver Information” and consequently you’ll receive six penalty points on your licence.

If you find yourself in this position, you can call your driving instructors in Leeds or resort to a lawyer for consultation. This solicitor will listen to you. Then he will advise you about your legal position in the case and discuss some requirements for you to comply for legal representation.

In this process you’ll know what’s your penalty for your offence of failing to provide driver information. You’ll actually be facing a fine of up to £1,000 plus six penalty points or a disqualification from driving depending on the discretion of the court.

What are your defences in court which are already proven effective? If any of the following defences would apply to your case then the lawyer can successfully defend you in court and you’ll be acquitted. These are your defences:

(1.)  You did not receive the notice.
(2.)  You responded to the notice and posted it back identifying the driver.
(3.)  You did not know the driver and could not, with “reasonable diligence,” identify the driver.
(4.)  The prosecution has failed to properly serve the request for information.

Then, the lawyer will answer some of the questions commonly asked about failing to provide driver information: (1.) What if I didn’t receive the notice? If you didn’t receive it which is not of your own fault, then you have the strong defence, because you cannot provide any response to something which you didn’t receive.

So, here are the evidence which may help you win your case:

(1.)  Postal interruptions evidence such as bad weather.
(2.)  Postal difficulty evidence in your local area such as neighbours receiving your post.
(3.)  Access difficulties with your present address such as the postman could not deliver.
(4.)  Uncertainty of your postal address.
(5.)  Mail theft such as post in communal areas.

What if I sent the response but the police say they didn’t receive it? If you’ve posted your response to the police and they said that they didn’t receive it, you’ve not committed any offence.

The lawyer will then again work with you in proving that on a “Balance of Probabilities,” you’d posted the response to the police and therefore you’ve not committed an offence.

There are also evidences which may help you win your case:

(1.)  Evidence of other communications with the police such as request for photos.
(2.)  Evidence of where you posted the item
(3.)  Proof of postage
(4.)  Confirmation from a third party, such as a partner, that you really replied the request.

What if I do not know who the driver was? So, if you didn’t know and could not, with “Reasonable  Diligence” identify who the driver was, then you’re not guilty of the offence.

The lawyer will work with you in proving to the court that on a “Balance of Probabilities,” you’ve exercised all “Reasonable Diligence” to try to identify the driver.

Real Motoring Tuition

47 Shaw Leys Yeadon

Leeds, West Yorkshire LS19 7LA

Phone: 01943470202
Email: Contact@r-m-t.org.uk