Failure to Provide Driver ID Defence
- 96% Success Rate
- High Profile Case Specialist
- 40 Years of Experience
- 5 Star Reviews
Call 0161 832 3852 today
MS90 OFFENCES & CONVICTIONS AND MS90 APPEALS. FAILURE TO PROVIDE DRIVER DETAILS S172
An MS90 conviction is a result of being convicted in your absence and is generally connected to failing to provide information about who was driving a car when an offence was committed.
These days many traffic offences are detected by unmanned devices like speed cameras so the police need a way to force vehicle owners to provide details of who was driving at the time an offence was committed. This is done by posting a notice of intended prosecution to the vehicle owner.
Hundreds of thousands of notices of intended prosecution are issued by the police each year. Thousands of motorists find themselves appearing before the courts accused of failing to furnish the required information as to the identity of the driver who has been alleged to have committed a road traffic offence.
With over 40 years of experience in Road Traffic and Driving Law, Brian Koffman & Co. has an outstanding record in representing clients over motoring offences including MS90 offences. We have generally achieved a 96% positive result rate from the cases we take on.
If you face charges of failing to provide appropriate driver identification and are seeking expert advice and representation, Motoring Offence Solicitors offer the very best privately funded Motoring Offence Defence representation to clients in Manchester and across the whole of the UK.
Call our experienced and specialist team today on 0161 832 3852 or complete the enquiry form below.

Thanks so much 100% recommend to anyone looking for representation
Originally we were looking at a potential driving ban, a minimum sentence of community service, plus a fine and interviews with the traffic commissioner. On the day of the hearing the Crown Prosecution wanted all of the former, which would have meant the end of a driving career and the loss of livelihood.
On the eleventh hour and fifty nine minutes literally as we were walking into court, Brian managed to secure a deal with the prosecution which led the judge to serve up five points on the licence and a fine, all of the other charges were dropped.
Such a massive relief after nearly a year of worry and angst. If you need a solicitor that specialises in motoring offences Mr Koffman is the man you need, so ring him. I mean it ring him!
Thanks to Brains excellent representation, I won my case, keeping my licence and was rewarded £750 towards my costs.
Would highly recommend
Cheers
Nick
Excellent legal advice, excellent and professional customer service, outstanding legal representation. I would have no hesitation at all in recommending them to anyone who needs their services.
My sincere regards to the entire team at Brian Koffman&Co Solicitors
Both himself & his assistant were both very helpful and very reactive to both phone calls & email.
I had no prior experience of attending court, however Brian made me feel at ease as to what to expect.
The case in which I was involved, was quite complex, however his professionalism and attention to detail made sure I received the best possible outcome.
I would recommend him to others
Should you require assistance with a driving offence Brian is the person to hire.
Professional, meticulous, leaves nothing to chance.
Thank you Brian
Results from this would have been:
Banned from driving
Loss of job
Loss of house
Wedding cancelled
Honeymoon cancelled
The results would have ruined my life.
One email and meeting with Brian and all this was sorted. Completely stress free and both him and his assistant were amazing.
Couldn't rate them high enough
Thank you.
His knowledge is this area is amazing and the the advice he gave me put my mind at rest and made me hopeful that he could resolve the case without me receiving a ban.
Due to covid back log the case was very drawn out but the moment I heard from the courts, Brian was at the other end of the phone and he remembered my case every time, which shows a great personal touch. You wouldn’t get that with a large firm.
Brian managed to resolve the case with reduced points and I am extremely grateful for his help as a totting up ban would have been catastrophic for me.
He was brilliant during what has been a very stressful 8 months.
With a very frustrating case and my case management hearing date changing dates a number of times to my actual trail date changing dates a number of times, Brian was professional throughout and assured me throughout, it was clear from the start brains knowledge and professionalism was going to help me, after nearly three years of this case dragging out we finally got the trail date, and the outcome was outstanding, Brian is in the process of claiming some of my legal fees back which will also be a massive help for me, I couldent recommend Brian enough and would not hesitate to contact again if I needed to, thankyou brain.
Thank you Brian.
Brian decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.
His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.
I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.
Thank you Brian.
It was my first experience of having a penalty of this nature and was looking to instruct a solicitor to gain some advice on the best steps.
He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.
Completely bizarre and rude, with him then hanging up on me.
He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.
In recent months Mr. Koffman has dealt with everything associated with my Fathers case from phonecalls to documentation ect.
Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.
With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!
I cannot recommend him enough, everything was done to perfection and no stone was left unturned.
5* absolutely.
If ever you have a motoring issue Mr. Koffman is the man to see.
We have already recommended him to friends and will continue to do so.
Thank you again Mr. Koffman
He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!
Thanks again Brian.
Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.
Thank you again for helping me.
Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.
WE FIND SOLUTIONS TO THE MOST CHALLENGING FAILURE TO FURNISH CASES
Find Out How We Can help You
MS90 - WHAT TO DO?
If you become aware you have been convicted in your absence of a driving offence, including Failing to Furnish the identification of a driver – (MS90), you can apply to reopen the case. Your grounds for doing so would be that you never received the original proceedings.
To reopen the case, you must call the Courts & Tribunals Service Centre on 0300 303 0656 – and notify them.
They will take the relevant details and pass them to the Court which convicted you. That Court will then contact you to assist you in making a statutory declaration.
At some point, you will then be asked what your plea is to the offences, at which stage, we can provide advice and representation.
For any private client requiring professional legal advice or Court representation our fees are as follows:
- Price for an initial Telephone consultation with regards to plea: £100.00 + VAT
- Price for court representation: Minimum fee £1750-£2400 + VAT
If you have been charged with failing to furnish identification of the driver, call Motoring Offence Solicitors for the best privately funded driving offence legal; representation. We can then discuss your options, whether you are looking to defend the case entirely or plead guilty with a view to securing the lowest possible points or wanting to avoid a disqualification, we can help.
Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of mobile phone driving offences in Manchester and across the UK. Call our team today on 0161 832 3852 or complete the enquiry form above., at
WHAT IS FAILING TO FURNISH IDENTIFICATION?
Failing to furnish the identification of a driver is either not furnishing the information at all or not furnishing sufficient information.
A notice of intended prosecution will be initially sent to the registered keeper of a vehicle. They are obliged to either identify the driver or give such information to enable the police to identify the driver.
Failure to complete and return the notice within 28 days can lead to an MS90 conviction.
The most common cause of an MS90 offence is when the registered keeper of a vehicle changes their address and forgets to provide the new details to the DVLA.
The notice of intended prosecution is sent to the old address, the vehicle owner is unaware of the offence and does not respond in time, therefore an MS90 conviction is entered.
or Call 0161 832 3852
PENALTIES - IF YOU ARE CONVICTED OF AN MS90 DRIVING OFFENCE
For individuals, the sentence for an MS90 driving offence, if convicted, is a fine of up to £1,000 and either six penalty points or a disqualification. For a limited company, it is a monetary fine. The MS90 penalty point endorsement will stay on your Licence for the period of 4 years from the date of the offence.
If you are pleading guilty we can, in some circumstances, persuade the prosecution to allow you to plead guilty to the original road traffic offence rather than the failure to furnish offence, for which the penalty might be less than six points.
If you are convicted of failing to furnish and already have six or more points on your licence, you could be at risk of being disqualified if you have accumulated twelve or more points in total. This could lead to a driving disqualification of at least six months under the totting-up provision.
MS90 APPEALS
There are some options for making an MS90 appeal.
Among the defences which may be available for an MS90 conviction are:
- The notice or notices were never received
- The information was sent to the police
- There was no alleged traffic offence in the first place
- The notice of intended prosecution sent to the registered keeper was not served within the required period of fourteen days
- The notices were incorrectly addressed to the recipient
We have won many cases in the Magistrates’ Courts and the Crown Courts arguing exceptional hardship, as a result of which our clients either had their disqualification reduced or avoided disqualification altogether.
Please click on Exceptional Hardship for more information.
SPECIAL REASONS
In some cases, there may be special reasons not to endorse a licence. This may include an offence committed as a result of you being misled.
if you are convicted of MS90 failing to furnish and already have six or more points on your licence, you could be at risk of being disqualified in you have accumulated twelve or more points in total. this could lead to disqualification of at least six months under the totting-up provisions.
We have won many cases in the Magistrates’ Courts and the crown Courts arguing special reasons, as a result of which our client either had their disqualification reduced or avoided disqualification altogether.
FAILURE TO PROVIDE DRIVER DETAILS (MS90 CONVICTION)
If you own or drive a vehicle said to have committed a motoring offence, the police, under Section 172 of the Road Traffic Act 1988, can request details of who was driving a vehicle on a given day or time.
If the police think that the driver of a vehicle is committing an offence they will send out a notice to the registered keeper or suspected driver. That notice is known as a section 172 notice or a requirement to provide details of the driver. The most common reasons for one of these requests is a speeding offence caught on camera, but the police do request them out for other offences such as using a mobile phone if when stopped by police at the roadside a person gives false information or for drivers who refused to stop.
It is an offence under section 172 Road Traffic Act 1988 not to reply to the notice.
The police may prosecute any person who was sent a notice if they:
- Do not reply within 28 days
- Do reply but don’t identify the driver
In most cases, the guidelines for failure to provide driver details will be six penalty points on a licence and a fine of up to £1000. In the case of a company, there are no penalty points.
If it is thought there is an attempt to provide false information the punishment may be more severe. Perverting the course of justice involves the risk of a prison sentence.
Failing to provide driver details can be complex and we would always recommend taking professional legal advice and representation before replying to a section 172 notice.
HOW WE CAN HELP
If you or your company have been charged with failing to provide driver details we can help. Our knowledge and expertise will ensure we reach the best possible outcome for you.
It is important to get specialist legal advice as soon as possible to give yourself the best chance of success in a fail furnish ID case. We have a long history of success in MS90 offences and can provide expert advice, assistance and representation.
Brian Koffman & Co are specialist motoring offence solicitors and have years of experience in handling cases like these.
CONTACT US TODAY
If you have been charged with any type of motoring offence you will need the knowledge, expertise and support of a solicitor who understands, we can help.
Please contact Brian Koffman & Co on 0161 832 3852 or submit an enquiry. We offer the best privately funded Motoring Law defence advice and representation.
They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely amazing value.
Thank you Brian and team.