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170
Hoping for a bit of advice here on behalf of my wife.

She has received a Section 172 for “driving without due care and attention, failing to stop and failing to report a collision”. This allegedly occurred on a local retail park before Christmas.

She was on the retail park at the time stated on the section 172 (had to check bank transactions to make sure) but is absolutely adamant that she did not have an incident of any kind, confirmed by our 14 year old son who was with her at the time.

The date of the alleged incident is 18/12/13 and the date on the s172 is 20/01/14 if that is relevant.

However, the main thing is that the registration mark quoted is incorrect. The s172 states (for example) AB12CDE whereas her car is (for example) A12CDE.

What are her options? She surely can’t fill the driver details in because that is not her registration number even though it is close enough that (a) the police have written to her at our address and (b) whoever is making the allegations thinks it was her car.

I intend to phone the police for her tomorrow (is that a good idea?) but would like any advice that anyone can give here.
Jlc
The letter has found its way so they obviously managed to find the address from the registration.

I suspect this has been a manually produced s172 thus the error. It's clear that the request is referring to the car - more so if your Wife was at the given place and time.

At this stage only the driver's name is being requested. Nominate the driver and see what happens next. With an (alleged) 'accident' the time limits for issuing a NIP are relaxed - regardless, the s172 request is still valid and must be satisfied (6 points if not).

Anything could have happened, including someone else taking 'evasive' action and not actually hitting the car. After naming the driver they will probably want to have a chat - best advice is to do this at the station where the duty solicitor can be utilised should it be required.

If it is a minor incident then, with co-operation, insurers may be able to deal with it rather than any prosecution.
170
Thanks for the reply.

She is beside herself with worry because she doesn't know what it relates to - she certainly hasn't had a collision as alleged.

I was more concerned about filling in the driver details for a registration mark that isn't her car - even though it must be pretty obvious they are referring to her car.
Jlc
Do contact them and cooperate. Sounds like a simple typo. They probably won't give any details until he driver nomination is done.

There's no need for her to worry.
Gan
The police can send an S172 request to anybody, not just the keeper or suspected driver of the vehicle
This must be responded to if only to state that the person has no information

The response that both meets her legal obligation and shows cooperation is a letter stapled to the form

Dear Sir

Ref *****

Thank You for your S172 request regarding the identity of the driver

I have never owned, kept, driven or had any other connection with this vehicle

I do own a vehicle with a similar registration that was at the location at this time but it was not involved in any incident

Yours faithfully


It puts the ball back in their court
I wouldn't ring them
The Rookie
QUOTE (Gan @ Wed, 22 Jan 2014 - 00:15) *
The police can send an S172 request to anybody, not just the keeper or suspected driver of the vehicle
This must be responded to if only to state that the person has no information

The response that both meets her legal obligation and shows cooperation is a letter stapled to the form

Dear Sir

Ref *****

Thank You for your S172 request regarding the identity of the driver

I have never owned, kept, driven or had any other connection with this vehicle

I do own a vehicle with a similar registration that was at the location at this time but to the best of my knowledge it was not involved in any incident

Yours faithfully


It puts the ball back in their court
I wouldn't ring them

FTFY, it may have been involved in an incident she is unaware of!
170
Thanks for the replies everyone.

Sorry for all the questions, but if I send the letter (or variation thereof) do I also need to fill in section 5 of the form?
sgtdixie
QUOTE (170 @ Wed, 22 Jan 2014 - 07:56) *
Thanks for the replies everyone.

Sorry for all the questions, but if I send the letter (or variation thereof) do I also need to fill in section 5 of the form?

That depends on what section 5 is.
170
QUOTE (sgtdixie @ Wed, 22 Jan 2014 - 08:08) *
QUOTE (170 @ Wed, 22 Jan 2014 - 07:56) *
Thanks for the replies everyone.

Sorry for all the questions, but if I send the letter (or variation thereof) do I also need to fill in section 5 of the form?

That depends on what section 5 is.


Sorry, its the section that states that she has never owned, been the keeper or hired the vehicle stated.
The Rookie
No, write the letter and staple it to the form, write "see attached" across the form.
Gan
Keep a copy and get a receipt from the post office when she sends it
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