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UPDATE - Requirement to provide Details of Driver

nikanika0
nikanika0 Posts: 160 Forumite
Part of the Furniture 100 Posts Name Dropper
edited 10 July 2021 at 1:27PM in Motoring
update - I have contacted my insurer, I have a legal cover with them, they got solicitor involved, I couldn't reach anyone on the phone in summons office, I wrote an email to the case worker letting them know about solicitor making enquires, I filled the paper work and stapled a letter of circumstances. Today I received a response from a case worker no further police action is being taken.

Thank you to everyone here who helped me, I appreciate it very much.


Received a letter from traffic summons team, of alleged offence dated a month ago for fail to stop and report accident. I live 5 miles away and at the alleged time I travel to work! I work night shifts. Do I fill Section 1 and then Circumstances ? I want to take this to court. Any help appreciated, tried to call them I think they finish at 5pm there.
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Comments

  • DB1904
    DB1904 Posts: 1,240 Forumite
    1,000 Posts First Anniversary Name Dropper
    Why do you want to take this to court?
  • nikanika0
    nikanika0 Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I wasn't there, this alleged offence never happened to me, I was 5 miles away on my way to work.
  • TooManyPoints
    TooManyPoints Posts: 1,653 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Not being blessed with sight of the document, what is Section 1? If you have a request for driver's details issued under s172 of the RTA, you must respond to it, even if to say your vehicle was not there. You are (presumably) being asked to say who was driving your vehicle at a particular time in a particular place. If your car was not at that place and at that time you need to say so.

    Before you head off to court, was your car at that place at any other time?
  • nikanika0
    nikanika0 Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper
    no car in the area present, I had to google this part of the town.
    Section 1: "if you were driver at THE time of the incident or in charge of the vehicle at THAT time. If you were the driver at the time of the incident complete this section" 
    I was not a driver at the time of the incident because I was in charge of the vehicle driving to work. This sounds strange to me.

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    nikanika0 said:
    This sounds strange to me.

    What sounds strange? The police, I assume, have written to you because you are the registered keeper but many cars are potentially driven by multiple people hence they ask you to confirm if you were driving the car or someone else at the date/time stated on the letter.

    You wouldn't be the first person where a husband/wife has borrowed the car, had a minor bump and then got it touched up and kept shtum so their partner, the registered keeper, is unaware.
  • nikanika0
    nikanika0 Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper
    ok, so I fill section 1 that I am a driver of my car, and then in second paper called Circumstances I explain I was not there as I was at that time driving to work on the other side of the town. Should I ask mu insurance for help, I have legal cover with them, this is a fraud. 
  • Jenni_D
    Jenni_D Posts: 5,473 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 18 June 2021 at 6:11PM
    It's not a fraud. It's likely a VRM misread.
    Jenni x
  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 18 June 2021 at 6:22PM


    It could be a cloned plate or it could just be the location has been recorded incorrectly

    Fill in the driver details and staple an additional info page to it stating that although you were the driver at that time you were not at the location specified

    Start thinking very carefully how you intend to prove you weren’t at that location. You word is not likely to suffice and being only 5 miles away makes it slightly trickier.


  • nikanika0
    nikanika0 Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper
    the street is in a residential area, no cameras, no cctv, whoever it is, they go to great length to cause me troubles, they do not know I work nights I couldn't be there, is there any way to find out from police who they are?
  • TooManyPoints
    TooManyPoints Posts: 1,653 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Where was your car at the relevant time? Who (if anybody) was driving it? Was your car ever at the place mentioned? 
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