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S172 notice for careless driving but no NIP, Threads merged
post Fri, 27 Nov 2020 - 11:24
Post #1


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Hello forum,
I would very much appreciate some advice as were a bit in shock right now. What fantastic place this is, I really wish I had found this forum earlier as I have already emailed the email address on the s172 notice which I now realise was naïve.

The facts are as follows:
- My partner has received an S172 request for information to identify the driver from Northumbria Police force regarding a report of alleged careless driving
- A very specific time and location was included using whatthreewords which is on the main road just about 100 metres from the entrance to our street.
- The notice was issued by the “Fixed penalty unit”
- No NIP was included
- No mention of evidence was included, it only states that the alleged offence was reported.
- The alleged offence was committed on the 07/11/20 and the s172 letter is dated 25/11/20.

Our observations so far are:
- Only myself and my partner have access to the car. We do not recall the offence and are shocked at the notice.
- My partners car is a very small, slow, basic car which we don't/cant drive fast although I appreciate that any car can be driven carelessly given the right circumstances. There are no red lights or crossing on the stretch of road and we never use mobile phones. We really can’t understand what it might be in connection with.
- The time and location are very specific; my partners phone GPS says we were out walking at the time although it is very close to the time we arrived back at the house so the time of the offence may be inaccurate or we simply mat .

I have already sent the following email in response:

Dear Sir/Madam
I write to you regarding a s172 notice recently received in connection with an alleged offence involving a vehicle for which I am the registered keeper:------
I would first like to point out that I believe that the notice I have received is defective. The alleged offence is stated as taking place on the 07/11/2020. As the notice was not issued until the 25/11/2020, it was not served within the required 14-day period. I suggest that this alone should bring an end to the matter.
None of the people who have lawful access to the car can recall any actions which fit the description of the alleged offence and due to the time that has passed, it is not immediately obvious who, if anyone, may have been driving at the time of the alleged offence. Analysis of bank statements and social media show that around the period of the alleged offence, the two people who have lawful access to the car were most likely to have been out walking in the local area with the vehicle parked up at home.
If you still wish to continue the matter despite the defective notice, I kindly request that I am provided evidence upon which the alleged offence is based so I may try to assist further.
Kind Regards”

This is causing us a great deal of stress and worry so any help would be appreciated. I’d like some advice on how much worse I’ve made it by sending my ill-informed email and what I should do next.

Many thanks in advance


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post Fri, 27 Nov 2020 - 11:24
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post Fri, 15 Jan 2021 - 11:58
Post #81


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Posts: 22,272
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Member No.: 42,618

QUOTE (southpaw82 @ Thu, 14 Jan 2021 - 13:51) *
No. I have an official transcript...

I might be able to get a royal free copy of the judgment, could you confirm the full names of the parties?

I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer.
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