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Makaveli84

Notice of intended prosecution for 3 alleged offences

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Hi All,

 

I'm after some advice before I fill in and return the section 172 "request for driver name and address".

 

I'm the registered keeper of the vehicle but my wife drives the car. The alleged offence(s) were committed on 10/07/2019, the NIP is dated 31/07/2019. Post mark on the envelope is dated 01/08/2019 and I received it on 02/08/2019.

 

The offence(s) they say were committed are the follwing :

 

1- Driving without due care and attention

2- Failing to stop at the scene of a collision

3- Failing to report a collision

 

Now you can imagine our shock when we received this as none of have been in any collision. My wife says that she might have clipped a wing mirror of a van that was parked up, the road where this happens is very narrow and busy and cars are alway parked up either side so is a squeeze at best of times.

 

My question is, "Have they sent the NIP within the correct time frame, which I don't beleive they have?" and also if she did clip the wing mirror and was genuinley unaware of it, can they take the word of the person who reported it and can we contest this as she was genuinely unaware.

 

What is our stance on this. We're trying to find out exactly what happened, but getting in touch with he issuing constabulary is proving to be difficult as can only leave messages.

 

She's on maternity leave from work with a 2 month old and 2 year old in the car with her, so it's not as if she has been driving around like a lunatic.

All your input is greatly appreciated, she is panicking like mad thinking she will lose her license or worse end of in prison.

Thanks all

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If an accident has occurred there is no requirement to serve a NIP at all, let alone within any particular time frame. (Section 2, Road Traffic Offenders Act 1988)

 

You need to respond to the request for driver's details within the 28 days allowed. Failure to do so will see you commit an offence which carries six points and a hefty fine.

 

The usual form in cases such as this is that the police pass the driver's details on to the person requiring it and take no further action. But you'll have to wait and see.

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Thanks for your reply, the thing is she's not sure if she did knock a mirror or not. If there is no requirement to serve a NIP, why have they sent one?

 

Also when you say they will pass the details on to the person requiring it, do you mean the owner of the other vehicle?

 

Thanks.

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Quote

If there is no requirement to serve a NIP, why have they sent one?

 

Because the system that produces them produces both. In this case only the S172 notice is required. The NIP also provides you with some idea why they've asked for the driver's details so can be considered a "courtesy" if you like. But it is not legally necessary and the lack or lateness of one will not form any defence against the signature offences. As I said you must respond to the S172 request regardless of any other issues you might have.

 

Quote

Also when you say they will pass the details on to the person requiring it, do you mean the owner of the other vehicle?

 

Or their insurers. If you think about it, if your car was damaged whilst parked and you managed to get the reg. number of the vehicle involved, you would report the matter to the police. That's probably what's happened here.

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I'm sending the S172 off regardless, don't want to make the situation any worse.

 

Wouldn't they have to provide video evidence, either from a dash cam etc, or else anybody could report anyone and say they damaged their car.

 

Sorry if my questions sound abrupt but I'm just trying to understand how it works.

 

Thanks

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Not necessarily.

 

Offences like this were successfully prosecuted on written or oral testimony alone long before cameras became commonplace.

 

It would be up to the police to decide whether that evidence was sufficient to support a prosecution and a court to decide if it was strong enough to enable them to convict.

 

At present all the police are asking is for you to provide the driver's details. When you name your wife she will almost certainly get her own S172 request to confirm that she was driving then it will be up to the police to decide if they are going to take matters further. It's my guess that they won't.

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Thank you for your input, really appreciate it.

 

I might hand deliver the form back as the return address is in the next village.

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Really? Ticket offices that send out these things are usually in large or large-ish towns. Are you sure it's pukka?

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It's legit, the Derbyshire constabulary force head quarters is in ripley. And I'm 5 minutes drive from it. Handy i suppose .

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Also it has the issuing officer name and badge number. That's why i thought i can go and see if i could give it to him and just enquire.

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