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Application of drivers details from police for alledged 'offence' in school car park


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Hi Guys,

 

my partner has received a notice for her details from the police for an alleged "action" in a car park used by mums picking up kids from pre-school.

 

it states the Application is for the drivers details for alledged driving

dangerously, carelessly or without consideration for other persons,

contrary to sections 2 and 3 of the road traffic act 1988.

 

They want the details of the driver on the date of the incident before they say anything else about the alleged offence.

 

 

Their form is leading as if you fill it out it confirms you were driving (2 months ago)

but either of us rarely drive as we live within a 3 minute walk.

 

 

even if my partner did, which she cant remember - what does this mean, what are our rights?

 

Many Thanks in advance

 

TSF

 

Will this form

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You probably have an obligation as owner to provide details of the driver at the time. Being unable/unwilling to normally incurs a penalty in itself and/or prosecution for alleged offense.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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that's the way the letter reads a bit further down so if needs be we will send the details off.

 

 

However she cannot remember anything happening, and definitely no collision or reversing into another car for example

has occurred as we are honest people if anything like that was to happen.

 

If its just 1 persons word against another, without cameras or other evidence, how do we stand?

 

It feels like you are guilty as it has been raised against you, unless you prove your innocence?

 

What are the best options here?

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At the moment they are only asking who the driver is, and the reason for asking.

You will likely commit an offence by not giving those details as best you have them.

 

Do some due diligence to see if the car was in the car park at that time,

check mobile phone texts and calls ("hi honey, on my way to pick up the kids..."),

bank statements (did you buy something from a nearby shop or fill up with petrol?) and so on.

 

You mention you rarely drive as it's so close, did you perhaps drive as you were on your way to somewhere else afterwards?

 

As it stands, they must have received a report from someone with your car details so the car must have been there at some point.

 

If the alleged matter is just a car park prang, then it will probably go no further as the police will leave it up to the insurance companies to sort out.

 

If it's more than that, or the police want more information

they might ask to "pop round for a chat",

 

 

at this point I would decline to be interviewed at home and instead attend the police station.

 

This means you then have a solicitor attend with you under the legal aid system.

 

Do not make the mistake in thinking

"well I haven't done anything wrong so why do I need a solicitor - that will make me look guilty!".

That simply isn't true.

Apologies for the formatting in my posts, I do put paragraphs in but the forum removes them for some reason :(

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unless you can prove that no-one was driving that day

you are going to have to say who was likely to be driving the vehicle

then you will get a chance to make a statement later.

 

 

I had a similar form for a speeding offence

 

 

I eventually went on a speed awareness course rather then try to prove

that the offence did not occur as the car was parked up that day.

 

 

If I had been prosecuted then I could have shown good evidence to prove my claims

but sometimes easier to avoid the slings and arrows of outrageous fortune.

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