Failure To Name Driver (“Section 172”)

Failure To Name Driver (“Section 172”)

Failed To Name A Driver In Relation To A Motoring Offence

Have you received or been accused of failing to respond to a letter from the police asking for the name of the driver? If your vehicle has been caught on a speed camera or traffic signal camera, you are liable to provide information to the police about who was driving it at the time.

If without good reason you fail to name the driver, you are at risk of 6 penalty points for an offence known as ‘Failure to furnish’ or a “Section 172”. If you’ve received a Notice of Intended Prosecution, as the vehicle’s Registered Keeper it’s your responsibility to respond to it. If you don’t, you will face prosecution.

If you have been issued with a Section 172 Notice, the expert motoring offence solicitors at Richard Silver can help. Give us a call on 0161 834 9494 and we’ll be able to provide you with the best possible defence for your case.

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How Richard Silver Can Help You With A Legitimate Defence

In many cases, we’ve helped our clients successfully avoid a Section 172 – failure to name a driver – motoring offence, and ensured they haven’t been prosecuted or received any penalty points. Whilst there are a number of legitimate defences you can put forward, these can be difficult to establish without the help of experienced legal representation.

The rules are complicated, the courts can be unsympathetic, and you will face serious examination of your defence.

That’s why you need our help.

We can help you mount a defence if you didn’t receive the Notification of Intended Prosecution through no fault of your own. You may also have a defence if you genuinely don’t know and are unable to find out who the driver was, provided you reply to the Notice and give the police as much information as you can.

Our advice has helped many drivers in this situation to avoid penalty points and potential disqualification. We have considerable experience of these cases and we have secured numerous acquittals.

Testimonial: Specialist Knowledge


“Richard’s knowledge of the subject was very good – he is clearly a specialist in motoring law”.

Mr A – 13/12/12

See more testimonials and case studies.

The Consequences Of Failing To Name A Driver

Failure to name the driver is an offence, for which you can receive 6 penalty points or disqualification, as well as a fine – even if you weren’t the driver. This means that vehicle keepers may find themselves being accused of a motoring offence when they weren’t even driving.

Simply ignoring the Notice places you at serious risk of conviction. In most cases, the penalty for failing to name a driver is heavier than for the original speeding or other offence.

It is also a serious criminal offence to state untruthfully that someone else was driving or claim untruthfully that you were the driver. This can lead to a conviction for perverting the course of justice and usually leads to imprisonment if convicted.

Let Richard Silver Help You

Some solicitors have advised all sorts of highly technical defences which simply do not work and are regularly struck down on appeal to the High Court. If you have an arguable defence, we’ll tell you and fight your corner; if not, we’ll tell you straight away and concentrate on mitigation.

Our advice has helped numerous drivers faced with a Section 172 avoid penalty points and potential disqualification and we have secured numerous acquittals. In many cases, we can persuade the court to revert to the original speeding offence. In most instances, this means up to three fewer points and a smaller fine.

Don’t risk a penalty for failing to name a driver. Contact Richard Silver today on 0161 834 9494

For more information about our Fixed Fee Pricing for Motoring Cases please click here.