HELP - Notice of Intended Prosecution

rob3770

Hi, i understand that it may be a S172 but not a NIP, does anyone know if the 14 day rule applies to S172's?

I tried posting on Peepipoo but it keeps crashing this browser and i cant use any other at the moment.

The data is view-able on his portal, it shows a journey in the middle of the night. The insurance company will not give us the 'map' version on the data.

If no one owns up he will have to take the blame by default.

AdrianC

Look at it without the emotion of being the parent.

A teenager was staying over with mates (may alcohol have been consumed?)
His car was involved in a hit-and-run overnight nearby.
He's received a NIP asking who was driving.
He swears blind it wasn't him, honest, guv.
The only "proof" that he wasn't driving was that his iPhone says it didn't move overnight.
The keys were available for anybody to take overnight.
Everybody in the house swears blind it wasn't them, honest, guv.

But, of course, nobody's covering for anybody...
Riiight.

The only next step possible is to fill in the NIP, say he wasn't driving, these people <list> all had access to the keys.

As far as the insurance is concerned, they'll pay - they have a legal obligation to.

If the damage to whatever was hit is anything other than low value, there may very well be an investigation - insurance are more likely than Police, unless there's injuries involved. If it's found that it was somebody else, then he may face charges of permitting driving without insurance (penalty the same as if he'd done it), or whoever it was may face charges of taking without the owner's consent. That's on top of any charges arising from leaving the scene of the collision.

The "lesson" he will learn from this is that he needs to keep his car keys properly under his control, because he is ultimately responsible for the car, and that can lead to a WORLD of problems...

Le_Kirk

rob3770 wrote: »

He called his insurance company who confirmed that the car was outside the address all night and been stationary.

........ insurance company advised that he didn't have to do any more as no one was injured and no one saw anything.

He called his insurance who are now saying that the car was in fact at the incident location.

How can the insurance company assert that the car was in two different places at the same time. Has this been checked?

CHR15

Maybe the people in the Red car he crashed into can shed some light.

rob3770

One final question i promise...

The NIP was received 3 weeks after the date of the incident, this will make it invalid.
How do we get our insurance get involved if we don't know who the other party is?

AdrianC

rob3770 wrote: »

One final question i promise...

The NIP was received 3 weeks after the date of the incident, this will make it invalid.

Unlikely. It only has to be sent so as to have a reasonable expectation of being received within 14 days. If it's a speed camera etc, then that's from the date of the offence. In this case, it may be longer, because they may not have had the identity of the vehicle involved for a few days.

How do we get our insurance get involved if we don't know who the other party is?

The other person will claim off his policy. The insurer can't refuse to meet the claims, but could then invoice all costs back to the policy holder (if they believe he was involved) or the driver (if they're known).

tberry6686

3 weeks after the incident need not make it invalid. It would with a NIP from a scamera van but I believe some other offences do not have this stipulation (some circumstances can also allow late NIP's to be valid, car not in his name, recent address change that hasn't been notified yet, wrong address with DVLA etc) Whether this would affect a S172 I have no idea.

RS2000.

rob3770 wrote: »

One final question i promise...

The NIP was received 3 weeks after the date of the incident, this will make it invalid.
How do we get our insurance get involved if we don't know who the other party is?

No, there's been an accident so no need for a nip to be issued.

rudekid48

AdrianC wrote: »

The other person will claim off his policy. The insurer can't refuse to meet the claims, but could then invoice all costs back to the policy holder (if they believe he was involved) or the driver (if they're known).

This is scaremongering!


On what basis would his insurer attempt to reclaim the costs from their own policyholder if he was involved in this accident??


It is the vehicle that they have on risk being driven by their policyholder! Please explain your reasoning....

RS2000.

tberry6686 wrote: »

3 weeks after the incident need not make it invalid. It would with a NIP from a scamera van but I believe some other offences do not have this stipulation (some circumstances can also allow late NIP's to be valid, car not in his name, recent address change that hasn't been notified yet, wrong address with DVLA etc) Whether this would affect a S172 I have no idea.

A nip is invalid if the first one isn't sent out and presumed received within 14 days. I can't think of any offences that don't have this stipulation, can you assist with some?