Failing to furnish details
Discussion
graldves said:
What happens when you are prosecuted for failing to furnish driver details?
The usual penalty is 6 points and a fine of up to £1,000.If the registered keeper is a limited company the penalty is fine only, nobody gets any points. But be careful - they often have a nice photo of the driver.
andygo said:
My sister got 3 points for failing to disclose.
She sent her reply, together with two other letters at the same time.
Plod said they hadn't received a reply, she got prosecuted. She should have at least got proof of posting, but being a normal person, never thought to do so.
sorry to hear thatShe sent her reply, together with two other letters at the same time.
Plod said they hadn't received a reply, she got prosecuted. She should have at least got proof of posting, but being a normal person, never thought to do so.
Panamax said:
graldves said:
What happens when you are prosecuted for failing to furnish driver details?
they often have a nice photo of the driver.graldves said:
Car is cloned and there is no option on NIP and when asked for evidence was told not entitled to any until the matter goes to court. Explained the car is cloned and was asked to send pictures of all sides of the car but they are not convinced the car is cloned. Been told to reconsider and warning of failing to furnish offence. What will happen next? Do you get a letter and a day in court or they just give 6 points and a fine?
Can you provide evidence that you were nowhere near at the time of the incident. Ie clocked in at work/ CCTV cameras from work carpark / receipt from a non nearby pub / restaurant etc?Is the offence local to you? Not much chance of your car being cloned and being local I'd have thought, at least I've not really heard of such, but I suppose it can happen
There should be a picture of the driver you can request somewhere (as said above)
johnboy1975 said:
graldves said:
Car is cloned and there is no option on NIP and when asked for evidence was told not entitled to any until the matter goes to court. Explained the car is cloned and was asked to send pictures of all sides of the car but they are not convinced the car is cloned. Been told to reconsider and warning of failing to furnish offence. What will happen next? Do you get a letter and a day in court or they just give 6 points and a fine?
Can you provide evidence that you were nowhere near at the time of the incident. Ie clocked in at work/ CCTV cameras from work carpark / receipt from a non nearby pub / restaurant etc?Is the offence local to you? Not much chance of your car being cloned and being local I'd have thought, at least I've not really heard of such, but I suppose it can happen
There should be a picture of the driver you can request somewhere (as said above)
The locationof offence is just over an hour away.
There are no pictures showing the driver and the answer to request for more evidence like pictures is not entitled to any until the matter goes to court when challenged.
graldves said:
Panamax said:
graldves said:
What happens when you are prosecuted for failing to furnish driver details?
they often have a nice photo of the driver.graldves said:
Explained the car is cloned and was asked to send pictures of all sides of the car but they are not convinced the car is cloned.
Standard practice for them to want to see pictures of all sides, some close ups in addition of certain features, photo of VIN on vehicle & copy of V5.graldves said:
Been told to reconsider and warning of failing to furnish offence. What will happen next? Do you get a letter and a day in court or they just give 6 points and a fine?
Sounds like they aren't happy at the moment.What happens next depends, but they'll let you know one way or another.
graldves said:
BertBert said:
It's not a fixed penalty offence
Failing to furnish is not? What does it mean?If you have simply ignored the NIP and S172 for the original offence just because you think the car has been cloned you are now pretty much stuffed, you needed to send the NIP back with a covering letter explaining the situation, the original offence is irrelevant history now. You seem to have snatched defeat from the jaws of victory
Why are you so sure the car has been cloned? Did you ask for photos. A plate misread is the most common reason
Edit to say I see you have posted some more info while I was posting
Edited by martinbiz on Friday 3rd February 18:58
Try Pepipoo - this is a regular and seemingly quite simple to deal with. If you've missed the deadline for responding however it will be more of a struggle. If you have no idea of the driver's details you cannot provide any but the request cannot be ignored, completing the form that you cannot identify the driver and a covering letter is the usual starting point. certificate of posting always advised..
A photograph to "help identify the driver" is often provided but doesn't have to be. Does your vehicle have any distinguishing marks - stickers, damage, etc - that would aid comparison ?
It sounds like you have contacted someone but you should enquire at the ticket office as to the possibility of a plate misread. You should also make a complaint at your local Police station that your plate has been cloned. Some suggest contacting DVLA also.
You need to do all that you can to avoid court - if summonsed it will be expected that a solid defence would have been presented to the relevant agencies prior to a hearing in order to dispose of the matter before having to list it.
A photograph to "help identify the driver" is often provided but doesn't have to be. Does your vehicle have any distinguishing marks - stickers, damage, etc - that would aid comparison ?
It sounds like you have contacted someone but you should enquire at the ticket office as to the possibility of a plate misread. You should also make a complaint at your local Police station that your plate has been cloned. Some suggest contacting DVLA also.
You need to do all that you can to avoid court - if summonsed it will be expected that a solid defence would have been presented to the relevant agencies prior to a hearing in order to dispose of the matter before having to list it.
Edited by paulmakin on Friday 3rd February 20:41
Edited by paulmakin on Friday 3rd February 21:20
martinbiz said:
graldves said:
BertBert said:
It's not a fixed penalty offence
Failing to furnish is not? What does it mean?If you have simply ignored the NIP and S172 for the original offence just because you think the car has been cloned you are now pretty much stuffed, you needed to send the NIP back with a covering letter explaining the situation, the original offence is irrelevant history now. You seem to have snatched defeat from the jaws of victory
Why are you so sure the car has been cloned? Did you ask for photos. A plate misread is the most common reason
Edit to say I see you have posted some more info while I was posting
Edited by martinbiz on Friday 3rd February 18:58
Car could not have been at the location. More photos of the car were given to them and a misread would have been seen.
The NIP only has options to name yourself, someone else or the car was sold. None of these cover this situation.
graldves said:
martinbiz said:
graldves said:
BertBert said:
It's not a fixed penalty offence
Failing to furnish is not? What does it mean?If you have simply ignored the NIP and S172 for the original offence just because you think the car has been cloned you are now pretty much stuffed, you needed to send the NIP back with a covering letter explaining the situation, the original offence is irrelevant history now. You seem to have snatched defeat from the jaws of victory
Why are you so sure the car has been cloned? Did you ask for photos. A plate misread is the most common reason
Edit to say I see you have posted some more info while I was posting
Edited by martinbiz on Friday 3rd February 18:58
Car could not have been at the location. More photos of the car were given to them and a misread would have been seen.
The NIP only has options to name yourself, someone else or the car was sold. None of these cover this situation.
You put 'not known' for the driver details & you send a covering letter explaining.
You sign & date the form & return.
Did you complete form (inc signature) replying within 28 days?
The failure to reply within 28 days is a separate offence to the originating offence.
paulmakin said:
Try Pepipoo - this is a regular and seemingly quite simple to deal with. If you've missed the deadline for responding however it will be more of a struggle. If you have no idea of the driver's details you cannot provide any but the request cannot be ignored, completing the form that you cannot identify the driver and a covering letter is the usual starting point. certificate of posting always advised..
A photograph to "help identify the driver" is often provided but doesn't have to be. Does your vehicle have any distinguishing marks - stickers, damage, etc - that would aid comparison ?
It sounds like you have contacted someone but you should enquire at the ticket office as to the possibility of a plate misread. You should also make a complaint at your local Police station that your plate has been cloned. Some suggest contacting DVLA also.
You need to do all that you can to avoid court - if summonsed it will be expected that a solid defence would have been presented to the relevant agencies prior to a hearing in order to dispose of the matter before having to list it.
Thank you. Not sure about distinguishing marks, the front might have some but they have not given any front photos and refuse to give anything else. The 28 day time for NIP return is up.A photograph to "help identify the driver" is often provided but doesn't have to be. Does your vehicle have any distinguishing marks - stickers, damage, etc - that would aid comparison ?
It sounds like you have contacted someone but you should enquire at the ticket office as to the possibility of a plate misread. You should also make a complaint at your local Police station that your plate has been cloned. Some suggest contacting DVLA also.
You need to do all that you can to avoid court - if summonsed it will be expected that a solid defence would have been presented to the relevant agencies prior to a hearing in order to dispose of the matter before having to list it.
Edited by paulmakin on Friday 3rd February 20:41
Edited by paulmakin on Friday 3rd February 21:20
A complaint has been made about the cloned plate.
Will there be a new NIP for failing to furnish offence and then can you ask for a day in court?
vonhosen said:
graldves said:
martinbiz said:
graldves said:
BertBert said:
It's not a fixed penalty offence
Failing to furnish is not? What does it mean?If you have simply ignored the NIP and S172 for the original offence just because you think the car has been cloned you are now pretty much stuffed, you needed to send the NIP back with a covering letter explaining the situation, the original offence is irrelevant history now. You seem to have snatched defeat from the jaws of victory
Why are you so sure the car has been cloned? Did you ask for photos. A plate misread is the most common reason
Edit to say I see you have posted some more info while I was posting
Edited by martinbiz on Friday 3rd February 18:58
Car could not have been at the location. More photos of the car were given to them and a misread would have been seen.
The NIP only has options to name yourself, someone else or the car was sold. None of these cover this situation.
You put 'not known' for the driver details & you send a covering letter explaining.
You sign & date the form & return.
Did you complete form (inc signature) replying within 28 days?
The failure to reply within 28 days is a separate offence to the originating offence.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff