Some motorists may be tempted to provide false information on a section 172 notice following a speeding offence, particularly where the penalty points would result in a six-month “totting-up” disqualification. In some cases, a friend or family member is persuaded to “take” the points by falsely claiming to have been driving.
Recent years have also seen the rise of so-called “NIP farms”. These are organised schemes in which motorists pay scammers to provide false driver details, sometimes using fictitious identities or the stolen details of innocent people.
Deliberately providing false information about who was driving can lead to prosecution for perverting the course of justice. This is far more serious than the original speeding offence and carries a real risk of an immediate prison sentence. Numerous motorists have received prison sentences after attempting to transfer penalty points, including politicians and other prominent public figures.
What Happens When You Receive a Notice of Intended Prosecution?
When receiving a Notice of Intended Prosecution (NIP), you will usually also be asked to provide the driver details. Under section 172 of the Road Traffic Act 1988, the registered keeper will normally be required to identify who was driving at the time of the alleged offence.
You should always provide the correct details when this type of information is requested. If you know that you were driving, you should not name a friend, relative or anybody else in an attempt to protect your driving licence.
Is It Illegal to Lie About Who Was Driving?
Yes. Deliberately naming another person as the driver, knowing that they were not driving, can amount to perverting the course of justice. This may involve persuading a friend or relative to “take” the penalty points, but no agreement with another person is required. The offence can also arise where fictitious or stolen identity details are provided.
The prosecution must prove that the person carried out an act which had a tendency to pervert the course of justice and intended it to do so. An inaccurate nomination made through an honest mistake is therefore different from a deliberate attempt to prevent the true driver from being prosecuted.
Perverting the course of justice is dealt with in the Crown Court and carries a maximum sentence of life imprisonment. Although a life sentence would not ordinarily be imposed for a false driver nomination, immediate imprisonment is a real possibility. The sentence will depend on factors including the level of planning, whether another person was involved and the extent to which the false information disrupted the investigation.
What If You Genuinely Don’t Know Who Was Driving?
Not remembering who was driving is different from deliberately lying. More than one person may use a vehicle, and you may genuinely be unsure who was driving on a particular journey. You should make reasonable efforts to establish the driver’s identity rather than simply choosing a name.
This could include checking diaries, messages, receipts or other information that helps establish who was using the vehicle.
Failing to provide driver information is itself an offence. However, there can be a defence where the person can show that they did not know and could not, with reasonable diligence, have identified the driver. If you are genuinely unsure, taking legal advice before responding may be sensible.
Can the Police Find Out Who Was Driving?
Providing another person’s name does not necessarily end the matter. The nominated person will ordinarily receive their own section 172 notice, and their response can be compared with the information provided by the registered keeper. If the name, address, date of birth or driving licence details do not correspond with official records, the nomination may be treated as suspicious and further enquiries can be made.
Central Ticket Offices can also identify patterns across different cases. Repeated use of the same address, driving licence details or fictitious identities may connect an individual nomination to a wider “NIP farm”. Depending on the circumstances, the police may also examine enforcement photographs, insurance records and communications between the people involved.
Even if the true driver cannot ultimately be established, providing false details or failing to provide information capable of identifying the driver may result in prosecution for failing to provide driver information. A deliberate attempt to frustrate the investigation may lead to the much more serious allegation of perverting the course of justice.
What Should You Do If You Have Already Lied About Who Was Driving?
If you have already provided information that you know is false, you should seek legal advice before taking further action. Trying to support the original information with another false explanation, or asking somebody else to support your account, can make the situation significantly more serious.
If you simply made an honest mistake when completing the form, that is not the same as deliberately attempting to pervert the course of justice. We have seen various different scenarios and can advise you on the best way to deal with the error.
What Are the Consequences?
A straightforward speeding offence may result in penalty points and a fine or, where eligible and offered, a speed awareness course. If the points would result in disqualification under the totting-up provisions, it may be possible to make an exceptional hardship application asking the court not to impose the usual six-month ban.
By contrast, deliberately providing false driver details can lead to prosecution for perverting the course of justice, a criminal record and potentially an immediate custodial sentence. Trying to avoid the consequences of the original speeding offence can therefore place someone in a substantially worse position.
If you have received a NIP and are unsure how to respond, or you are being investigated for providing false information, our motoring solicitors can advise you on your position and represent you if the matter progresses to court.
For confidential advice, call 0333 240 7373 or use the Reeds Solicitors enquiry form →.
About the Author
Clare Galo is a Senior Associate Solicitor and Team Leader at Reeds Solicitors with extensive experience advising and representing clients in relation to motoring offences and criminal investigations. Having qualified in 2004, she regularly represents clients in Magistrates’ Courts and police stations across a broad range of driving offence matters.
