Section 172 help

Rover_Driver

Spicy_McHaggis wrote: »

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

S.3 Is nothing to do with accidents, it refers to driving licence matters.

The list of offences that require a NIP is in schedule 1, s.170 Road Traffic Act 1988 is in that list.

Aretnap

Rover_Driver wrote: »

S.3 Is nothing to do with accidents, it refers to driving licence matters.

Erm... Road Traffic Act section 3 - careless or inconsiderate driving?

Rover_Driver wrote: »

The list of offences that require a NIP is in schedule 1, s.170 Road Traffic Act 1988 is in that list.

Erm, no it isn't. Schedule 1 of the RTOA lists offences to which sections 1,6, 11 and/or 12(1) apply. Under the entry for RTA s170, only sections 11 and 12(1) are listed - no mention of section 1.

http://www.legislation.gov.uk/ukpga/1988/53/schedule/1

It would be rather absurd if a NIP was required for an s170 offence because the offence can't be committed without an accident - so the accident would negate any requirement for a NIP in any event.

Not that this is very helpful to the OP, who seems to have found out from somewhere that the allegation involves an accident, so presumably this is mentioned on the s172 or an attached NIP (which can be issued even if it's not essential). The correct answer is in post 2 - everything else is a tangent.

Spicy_McHaggis

Rover_Driver wrote: »

S.3 Is nothing to do with accidents, it refers to driving licence matters.

The list of offences that require a NIP is in schedule 1, s.170 Road Traffic Act 1988 is in that list.

Wrong again, you've just read the whole list and not the colum on the right, there's isnt a Section 1 against the fail to stop.

Bergaspeed

The letter from the police States driving without due care and attention, failing to stop and failing to report an accident. It gives the address and time of the alleged incident and also our reg but not a description of our car. Ie make model colour etc.
my husband has a security pass to get in and our of the car park at work and even has his own parking space. We have the security log of his every movement that day. You can't even go to the toilet without using your pass! And also his phone log to show he was on the phone at the time. Anyway the s.172 has been returned with - no one was driving-please see attached letter. (Again on the advice of another policeman)
The other question is - why has no one been to see us if there has been an accident. All they have to do is come and see the car - there's not a scratch on it.

Happychappy

Has the company where your husband works got CCTV on the car park, unfortunately this prat came up with the excuse, it wasn't his car, it was a cloned vehicle and changed the number plate to put a St Georges Cross on it, but forgot the car park was covered by CCTV and ANPR, whoops

It wasn't me officer

brat

Bergaspeed wrote: »

The letter from the police States driving without due care and attention, failing to stop and failing to report an accident. It gives the address and time of the alleged incident and also our reg but not a description of our car. Ie make model colour etc.
my husband has a security pass to get in and our of the car park at work and even has his own parking space. We have the security log of his every movement that day. You can't even go to the toilet without using your pass! And also his phone log to show he was on the phone at the time. Anyway the s.172 has been returned with - no one was driving-please see attached letter. (Again on the advice of another policeman)
The other question is - why has no one been to see us if there has been an accident. All they have to do is come and see the car - there's not a scratch on it.

I would have advised you to reply honestly to the S172 (ie no-one was driving at the time and date mentioned), and offer a covering letter saying that you can prove the vehicle wasn't at the location at the time and date.

The S172 notice suggests that at the stated time at the stated location, an accident occurred involving a vehicle which failed to stop, and failed to report an accident.

A couple of things might have happened here to cause you to receive the incorrect S172 form
The time or date may be wrong,
The registration may be wrong,

A vehicle can cause an accident without actually having come into contact with anything, so the fact that there's no damage to your vehicle is not proof that the driver wasn't responsible.

The officer may well recontact the complainant to ensure that the time, date and reg is indeed correct, then make contact with you to progress the enquiry.

Did you or your husband drive your car at the stated location on the date mentioned or perhaps at the same time of day on a different date?

Bergaspeed

That's the thing, we have never been in the town where the accident happened let alone the road. We even had to Google where it was! S.172 and covering letter have now been sent. We will just have to wait and see what happens now