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dg70
I received in the post today a 'Requirement For Name And Address Of Driver' for an alleged offence. It is described as Driving a mechanically propelled vehicle on a road or other public place without due care and attention and Failing to stop after an accident and exchange particulars etc.

My wife was driving at the time, but there was no accident so we are confused as to how this has come about.

I notice that the time stated is 8:04am - which seems to be very precise, but the letter doesnt mention who reported it (ie a camera operator or member of public).

Any advice on what I should do? I'll send back the form stating that my wife was driving but am worried that someone is making an allegation against me / my wife that didnt actually happen.
Rallyman72
This seems to happen for parking nudges etc. It doesn't imply that there will be damage to your car but there might be damage alleged to have been caused to another persons car by them having to swerve to avoid a collision. It could even be door mirrors touching or similar.

Has your wife any knowledge of anything of that sort at the time and place mentioned?
Logician
Your wife was driving at the time, but was she at the location specified?
dg70
Yes, she was dropping my son off at Nursery so was definitely there
peterguk
Does the notice state under which authority the request is made? e.g. S.172.
dg70
She said nothing happened at all thats why we are so confused. My concern is that someone has made these allegations and i dont know if i now have to prove that it didnt happen or they need to prove that something did.

Section 112, Section 172 and amendment by section 21.

Section 112, Section 172 and amendment by section 21.
peterguk
QUOTE (dg70 @ Sat, 22 Jan 2011 - 19:38) *
Section 112, Section 172 and amendment by section 21.


Then you should simply complete the form naming your wife, and return within 28 days. If she is invited for an interview, then return here before responding.
dg70
Thanks very much for the advice Peterguk. Does this mean that they will ask for an interview before issuing a NIP?
jobo
no mate your confusing your terms, your wife, will get her own 172 request, which might be called an nip, but isnt in law

stick with us ,,,, once she names her self along with a denial, they need to decied what to do about it, which might be nothing, an interview or a summons, dependent on what is alledged and by whom

your wife may be able to get more info out of them
dg70
Thanks everyone for the help. The police dept dealing with this opens on Monday morning so i'll call them and see if i can get more info and post it then.
Gan
I personally wouldn't contact them.

You've been asked who was driving the car at the time. The answer is that it was your wife. Return the form by special or recorded delivery so that it arrives as close as possible to the 28 day deadline.

As you weren't driving the car I can't see that you are entitled to any information and there is a risk that you will say something that will either confuse the situation or give away information to your wife's disadvantage.

When she receives her own S172 she can state that she is unaware of any incident and there is no damage to the vehicle.

In general, the least contact with the police, the better. Comply with your legal obligation to name the driver and no more.
dg70
Ok, I only saw the advice not to call them after I called them, but it has given me an update on the alleged offence....

It turns (according to the person that made the alligation) that the driver of my car, backed out of the driveway and hit a parked car (I assume on the opposite side of the road) and drove off. Apparently there is an independent witness that was parked behind his car and he / she has been asked to give a statement too (which the police are waiting for). The owner of the car that was hit said that he felt his car shudder when he was taking his child out of the car, and looked up and saw my car was still in contact with his car and his car has some damage. (this is what the police lady read out to me)

My wife is adamant that she didn’t hit any car, it would have been picked up on the parking sensors (there is even a screen on the dashboard showing front and rear obstacles when you put it into reverse). There is also no damage to my car and the other guy is saying that there is damage to his paintwork and door.

My concern now looking on the web is that if there was an independent witness then I have no chance of contesting it and the minimum penalty for this is 6 penalty points maybe more plus a fine.

Other than wait and see what happens is there anything else I should do?
Logician
Yes, you should put your insurance company on notice that a claim may be made against you, but you deny liability.

It could be that an impact to the side of another car with the rear bumper of yours would damage the other car, but not be felt in your car and leave no damage.

It is a defence to failing to stop/report that the driver was unaware of any accident, careless driving may be found but the minimum for that is 3 points.
damien1
Just keep insisting that nothing happened and you should be alright. I did this and the police just dropped it. Phone up the number on the letter and speak to the person who sent it. Tell them that nothing happened and that there is no damage on your car. Keep insisting that someone has made a mistake.
dg70
Thanks Damien, I did that earlier today and then emailed them photos of the back of my car showing now damage at all and explained that it has parking sensors too that would have picked up any obstacles as soon as it is put into reverse. The lady i spoke to is going to ask the person that made the allegation to provide photos of the damage to his car too and see if there is any cctv.
mashman36
QUOTE (dg70 @ Tue, 25 Jan 2011 - 15:18) *
Thanks Damien, I did that earlier today and then emailed them photos of the back of my car showing now damage at all and explained that it has parking sensors too that would have picked up any obstacles as soon as it is put into reverse. The lady i spoke to is going to ask the person that made the allegation to provide photos of the damage to his car too and see if there is any cctv.

is there any relationship I wounder between the owner of the car thats damaged and the witness who reckons they saw it happen;why didnt the witness stop the car shout flail arms in disstain to get your wifes attention. dry.gif
How old is the damaged car; and would like to see if has any more damage previous to the alledged inccident.
next one will be asking for cash settlement without going to the insures.
was it accutally on a road or in a car park ; and would like to ask others if it is an offense to park directly across from an entranceand would be interesting to know if they were parked on yellow lines outside the school
damien1
I know for a fact they won't prosecute without an independant witness who is willing to go to court. I've been there they dont want the hassle. Once they know you are serious they will drop it. I told them that I was going to see a solicitor. Make sure your car is well polished up and bumpers nice and clean.

Damien
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