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S172 - do i need to complete more than one?
post Tue, 12 Feb 2019 - 19:29
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Hi, could someone please offer some advice. I have been reading up here, there and everywhere, but nothing quite covers my situation:

I received S172 and a NIP for an alleged offence on the 26th Nov 2018

I posted it back naming me, the registered keeper, as being the driver at the time of the alleged offence. I took a copy of the completed form and have proof of postage receipt.

After this, I received a letter from the police saying they have mislaid the original. Inside was another S172 - a repeat of the first.
I chose to do nothing more at that point as having read over other scenarios in this forum, I came to the conclusion that I had already fulfilled my requirement. Not only that, I didn't want to send it back as any subsequent reply would clearly have been returned well outside of those initial 28 days.

Roll on to early last week where my partner signed for a recorded letter, which seems to be a reminder letter, saying they have not had a response to date. Its giving me a further 14 days complete another S172.

Could anyone advise whether it would be sensible to email the police to advise them that I have fulfilled my duty already?

Thanks in advance all! Hoping someone can helpl.

This post has been edited by m4rn1e: Sat, 16 Feb 2019 - 10:17
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post Tue, 12 Feb 2019 - 19:29
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post Wed, 13 Feb 2019 - 14:59
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QUOTE (m4rn1e @ Wed, 13 Feb 2019 - 10:28) *
Thanks again for your input. I'm genuinely grateful. Does the six month limitation period (i'm assuming to lay a S172 FTF against me) begin to count down 28 days after the 6th December, so the count down started on the 3rd Jan 2019?

Yes but that isn't what I was referring to. If they prosecute you for failing to respond to the 6th December s172, you have a very strong defence (copy of response, proof of postage + admission from the police that they received a valid response).

The real issue is the six six month limitation period from the date of the underlying alleged offence. The underlying offence is said to have taken place on 26th Nov 2018, so the deadline for prosecution is 26 May 2019 (though you could argue that unless they're so keen on dealing with you that they're willing to go into the office on a weekend, in practical terms the deadline is Friday 24 May). If they serve a new s172 notice you have 28 days to respond, so basically you're home and dry if you do not receive a fresh s172 request by Monday 29 April 2019.

After that date, even if they serve a new s172, you can reply after 26 May and still be within the 28 day time limit for the s172, meaning that by the time they get your reply it'll be too late to prosecute you for the original offence. Of course, the risk you run is that if the relevant police force come across this thread, the game's up. There is also the risk that they might figure out the above for themselves, but that is something over which you have no control.

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.
No, I am not a lawyer.
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