Section 172 Issue

Jun 28, 2013

The much joked about issue of getting someone else to “take your points” has come to the fore again. People do now seem to realise that what was in the past referred to in quite flippant terms is something that can, and indeed is likely to, result in a prison sentence.

The truth of the situation is that giving false information is so unnecessary. The offence of speeding (the main cause of requests to identify the driver) often results in a ticket with a £60 fine and three points. In many cases a speed awareness course is offered which avoids the points altogether.

Failing to identify the driver has with it a higher penalty than a low level speeding as it carries a minimum 6 points. In certain circumstances this can be defended. Where a vehicle is registered to a limited company then there are usually no points at all, just a hefty fine.

Offences seem to be carried out by those who are facing a ban under the totting up rules (they have got to 12 points in a three year period). In that situation the more serious the consequences of the ban the more likely you are to be successful with an exceptional hardship argument (which may allow you to avoid the ban on once).

Taking advice before responding to notices allows you to make an informed decision and make it clear that giving false information is the worst of all the possible options.

Pete Dodd

About the author

Pete Dodd

Pete joined Nockolds in 2004 as a Partner within the Family Team. Before joining the firm Pete graduated from Bristol University with a degree in ...

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