Often arriving alongside the NIP, this form is completely different and should not be confused with the NIP.

What is the section 172 form all about?

If you have received a NIP and a section 172 form it because the police believe your car was involved in a motoring offence. You have received the forms and notices because you are the registered keeper. What the police want to know is the identity of the driver.

What if I was not the driver?

Then you must say so and should name the driver on the form if you are able to do so. That person will then also be sent a NIP and a request to identify the driver. Failure to provide details of the driver can amount to an offence for which endorsement of 6 points can follow.

If the vehicle is registered to a company, there are requirements that a log is maintained to record the driver of vehicles unless it is unreasonable to have such a record. If the court finds that the company is unable to identify the driver through the connivance of a director, manager or similar then that individual can be prosecuted alongside the company.

I have heard that I have a right to silence and should not return the form, is that right?

No. The European Court closed that potential loophole in the case of O'Halloran and Francis-v-UK (2007).

I have downloaded a template letter that "guaranteed" that I wouldn't be prosecuted, now I've received a summons?

The police can spot these letters a mile off and routinely treat them with suspicion. The "Guarantee" from the original author is unlikely to be enforceable as they usually have contractual exclusions such as insisting the letters are not changed in any way.

The good news is that the situation can usually be rectified by an experienced road traffic solicitor.

What can Street Legal do for me?

If you are being prosecuted for failing to respond to the section 172 request, but believe that you did send it, we can assist you to advance hearsay evidence to support your case. Equally if you didn't receive the section 172 request, then we can make representations to the court citing current case law.

We can also assist you to draft your reply. This is important if you do not know who the driver is, or can only provide a list of potential drivers.

We can also challenge the police to show that the section 172 request was properly authorised by the Chief Constable for your area.

Call us now for free initial advice 07980 800512