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Section 172 help

13

Comments

  • Paradigm
    Paradigm Posts: 3,656 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    DUTR wrote: »
    I'm not, as I said the form just asked a question, I'm not disputing that the OP shouldn't send a covering letter, I'm just confused that they seem to know what it's all about before being advised of such.

    I've found just answering the original question saves lots of time (& useless posts).

    I have no interest in moralising, judging or second guessing...
    Always try to be at least half the person your dog thinks you are!
  • DUTR wrote: »
    I'm not, as I said the form just asked a question, I'm not disputing that the OP shouldn't send a covering letter, I'm just confused that they seem to know what it's all about before being advised of such.

    As said when I completed mine, it was asked who may have been driving the vehicle at the time? (the time was quite wrong but only I drive my car) , I returned the form completed, then the officer was in touch to gather further details and that was it case closed no charge etc.


    As the OP's case involves an alleged accident, the s.172 form will have been accompanied by a Notice of Intended Prosecution, which will have given the details of the allegation.
  • As the OP's case involves an alleged accident, the s.172 form will have been accompanied by a Notice of Intended Prosecution, which will have given the details of the allegation.

    Why will it have come with a NIP?
  • Bergaspeed, is there by any chance any CCTV coverage of the company car park where the car was at the time of the incident?

    If so, it would certainly be worth seeing if your hubby could either get a copy of a timed recording showing the car, or at least ensure that the recording doesn't get deleted.

    Even a recording showing the car entering and leaving would probably be good enough.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Paradigm wrote: »
    I've found just answering the original question saves lots of time (& useless posts).

    I have no interest in moralising, judging or second guessing...

    I don' know what your beef is, if anybody is moralising second guessing or judging it is you, you don't like my posts? Move on and skip to the next one, , if you have ever recieved a s172 then by all means share your experience, this is an open board not just paradigm's board, you don't have the last say on all things motoring I'm afraid.

    Logic would dictate, facts have to be established before charges are thrown . Anyways if the OP is sure their partner was not in the vehicle in the vicinity, then they have no worry.
  • Why will it have come with a NIP?


    In the case of an accident where s.170, Road Traffic Act 1988 applies (duty to stop etc.), a Notice of Intended Prosecution is also required to be served in accordance with s.1, Road Traffic Offenders Act 1988.
  • In the case of an accident where s.170, Road Traffic Act 1988 applies (duty to stop etc.), a Notice of Intended Prosecution is also required to be served in accordance with s.1, Road Traffic Offenders Act 1988.

    Section 2 states it's not a requirement following an accident.
  • Section 2 states it's not a requirement following an accident.


    s.2 states that it is only the requirement of s.1(1) that does not apply (requirement to issue a NIP at the time or within 14 days), so in the case of accidents a NIP can be served later.


    Schedule 1 of the same act lists the offences that require a NIP to be issued.
  • s.2 states that it is only the requirement of s.1(1) that does not apply (requirement to issue a NIP at the time or within 14 days), so in the case of accidents a NIP can be served later.


    Schedule 1 of the same act lists the offences that require a NIP to be issued.

    I disagree, section 3 requires a nip unless there was an accident, section 170 offences don't.
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