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Showing results for tags 's172 not naming driver'.

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  1. Scenario: I got a S.172 request in late Oct 2013 for a speeding incident 10 days earlier. The location was given along a very long stretch of dual carriageway of 11 miles where there's loads of entry and exit roads. The lack of clarity as to where exactly the incident occurred led to a correspondence trail of almost 2 months until they finally gave me precise details of where along this stretch the camera was located and removed any doubt as to my identity of being the driver. I had been completely unable to confirm identity until this moment as I and my partner both use the road regularly. I wrote asking for a precise camera location and was told I would be OK in not responding until I received that information. This can be proven. Anyway, in the absence of positive location details and pressed for time (27th day) I didn't care to overstep the mark and made a declaration that it could have been either of us and named us both with the codicil that I can't make an honest single identification until they provided me with precise location details. I got a response that they would hold the completed NIP until they sent out the required information and had a response to that. It arrived shortly after by way of a map reference, description of location which would have removed any doubt had it been sent in the 1st place anyway and a photograph. I was given 7 days from the date of their letter to respond, this being well after the 28 day initial S172 requirement by around 16 days. I had already sent in the original S172 so was stuck in sending another and despite asking for one to be re-issued with the location details clearly shown I didn't receive one. I had no alternative then other than to obtain a copy of a S172 from the internet and completed it with my name clearly given. This was now on the last day of the allowed extra time so I did it the only way possible and sent it as a pdf by email. I had already corresponded by email so just added a response including the pdf and sent it off. Yes you guessed it. I got notification in February that I hadn't identified the driver following their release of location and photograph and that my file has been passed to the CPS for failure to identify. This is despite the email showing in a trail of earlier emails with the final pdf naming myself. I'm absolutely gutted. Can't understand what the hell's going on. I've gone through the complete correspondence trail, both written and emails and have a copy of the completed S.172. I can see that there is one potential point which may be my undoing. I have forgotten to include my driver license number. I couldn't find my license at the time and indeed haven't found it still. Would this be the problem or is the name sufficient for identification purposes. I mean, the police know the driver license number of every driver in the UK against a name and a veh reg number through their computer systems . Surely this couldn't be the reason. I've read the S.172 criteria and it does say that police need to know the name of the driver or any other information leading to his or her identification. The actual letter from them says only that I have failed to identify the driver, not failing to give other information. The drive license number isn't anything to do with that requirement I wouldn't have thought. Anyway I couldn't include it as I couldn't find the license in the time. Advice please. I suppose the question is, What constitutes identity for legal purposes and having given it does this satisfy that requirement for a S.172. Just a thought. I know if I do go to court I'll be asked my name and address. That satisfies a court so does failure to give a driver licence number become the reason for failure when it has nothing to do with any personal identification?
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