duty to give information as to the identity of driver Options

[sparklezz]

Hi

I am wondering if anyone could give me some advice please on what I should do. I got a letter today to provide my information in regards to an offence that has alleged to have happened. The letter states it happened at the end of may this year but i have no recollection of what it could be. I was not involved in an accident nor would i have been speeding going highly populated road with cars.

I have looked at the road it says it happened on and all I can recall is that it may have been when the main road to my home was closed and I had to follow the diverted signs. I was not the only driver to follow the signs which lead to a one way street in a residential area but as this was also closed off we had to turn around and go a different way.

Could someone advise me please as this has me worried.

Thank you

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[NewJudge]

Is the letter from the police (or a safety camera partnership)? Does it include a "notice of intended prosecution?

[sparklezz]

It says at the top that it is from the police. There is no notice for intention to prosecute attached to the letter either.

This post has been edited by sparklezz: Tue, 18 Sep 2018 - 18:13

[The Rookie]

So you have an S172 notice requiring you to name the driver at the time of an alleged offence, that is all, not naming the driver is worth 6 points and a reasonable fine and insurance premium increases for five years so it’s probably not worth not naming the driver!

[sparklezz]

I have already filled in the form and was going to take it to the station tomorrow so i could ask about the offence.

[The Rookie]

The station is probably not going to be of any help in that respect at all, personally I’d just post it. (First class with proof of postage).

[sparklezz]

Thank you, I will do first thing. Is it something I should be worried about as I have no clue what it could be about?

[Logician]

It is of concern as the police would only want to know the name of the driver if there was some allegation of an offence, but what offence is anyone's guess. If it was a minor accident the police might take no action once they have put the parties in touch with each other, you are not aware of an accident but perhaps someone alleges you grazed his car when turning round for instance. Only time will tell, but not completing the form unequivocally naming the driver is a serious offence in itself.

[Redivi]

Is it worth the OP delaying his reply until the end of the 28 days to improve his chances of timing out a prosecution ?

[cp8759]

Is it worth the OP delaying his reply until the end of the 28 days to improve his chances of timing out a prosecution ?

It also minimises the chance of an out of court disposal, such as a course or fixed penalty.

[The Rookie]

Is no allegation mentioned on the paperwork at all? That would be unusual.

[Redivi]

Is it worth the OP delaying his reply until the end of the 28 days to improve his chances of timing out a prosecution ?

It also minimises the chance of an out of court disposal, such as a course or fixed penalty.

True but he's already close to the four months deadline after which courses aren't usually offered

[sparklezz]

Hi, the letter doesnt specify the type of offence It just mentions an alleged offence.

Should i delay my response?
Btw thank you for the help.

[Irksome]

Can the OP unequivocally name the driver at the time?

[sparklezz]

Hi. The driver at the time would have been me.

[Churchmouse]

Is it worth the OP delaying his reply until the end of the 28 days to improve his chances of timing out a prosecution ?

It also minimises the chance of an out of court disposal, such as a course or fixed penalty.

True but he's already close to the four months deadline after which courses aren't usually offered

That's what I was thinking, too. Even if it's something for which courses are offered, it's probably too late already, but the FPN deadline is probably a bit later.

--Churchmouse

[Redivi]

A delayed reply will leave the police about three weeks to send the COFP

Any later and it can be ignored

The question is what to do about a COFP that will expire a few days before the six months time-out
Will the system pick it up and prosecute immediately ?

[ford poplar]

Miss returning the s172 within 28 days could result in a FTF, MS90 and related nasties.

[Redivi]

Delayed as in reply to arrive on Day 26

[NewJudge]

It's quite straightforward. If your reply is not received in time to accommodate the offer of a course or a fixed penalty (if appropriate) you won't get such an offer. The matter will go straight to prosecution . You may be able to persuade the court to deal with the matter by way of a fine and points equivalent to the fixed penalty. They have guidance which allows them to do so.

The only upside to delaying your reply is the matter may "time out". The chances of this happening are very slim. They have until the end of November to begin proceedings. You only have until 16th October for your reply to be received. The chances of missing the deadline for a course or FP are very high (and in fact have probably already passed). Delaying your reply will only make that more likely. Added to that, if you perchance exceed the 28 days allowed (because of, say, postal difficulties) you may face a "Fail to provide" allegation anyway, so not a very good strategy.

Since you don't know what is alleged or whether it can be dealt with by way of a fixed penalty anyway you have little or nothing to gain from trying to engineer a timeout and I would respond asap. You never know, you might actually find out what it is all about.

One thing that might be worth exploring, if you find out what is alleged, is the matter of a Notice of Intended Prosecution (NIP). Many offences require a NIP to be served on the Registered Keeper within 14 days of the alleged offence. From what you say you have received no such notice.