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Failure to Furnish

Providing a Notice of Intended Prosecution is in order, the recipient thereof has a duty to respond providing any information within his/her power under Section 172 of the Road Traffic Act 1988. This can apply to drivers of vehicles, registered keepers of vehicles or even any person deemed to have information within his/her power to provide.

Failing to comply with a valid Notice would result in an endorsement of 6 penalty points onto the licence of the recipient of such a Notice, these points would be valid for a 3 year period and could have a severe impact on an individual’s driving licence, causing them to fall foul of the Totting Up Provisions, potentially resulting in a disqualification from driving of least 6 months. Prompt and thorough advice on this allegation is extremely important from the outset.

6 penalty points or £1000 fines

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Nick Freeman The Art of the Loophole front cover

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