SOLICITORS FOR NOTICES OF INTENDED PROSECUTION AND SECTION 172 ROAD TRAFFIC ACT NOTICES

Where there is an alleged breach of road traffic law and thus an alleged road traffic offence, where the vehicle has not been stopped by the police and/or the driver not reported for an offence at the scene, then within 14 days thereafter a Notice of Intended Prosecution must be served on the registered keeper of the vehicle. If the actual identify of the driver has not been identified, then under Section 172 of the Road Traffic Act, a Notice will then also be served on the registered keeper, to request whether or not they were driving and if not, then who was?

A failure to furnish details in response can amount to an offence.

The commission of such an offence will carry a fine and an endorsement of the driving licence of 3 penalty points.

It is therefore not an option to do nothing.

We must caution that any attempt to raise a defence in such circumstances, through providing false information in the hope of escaping a conviction and penalty points, is not something we will in any way condone. Such conduct which would amount to an attempt to Pervert the Course of Justice, is likely to lead to a prison sentence. There are technical defences which can be employed in these circumstances, based upon expert understanding of the law and that is the only acceptable way to deal with this situation.