Help please - false accident allegation

SandyShores

Check the issue date on the NIP and take a look at this website:  Notice of Intended Prosecution

According to the web page:  "The only defence against a NIP is if the police fail issue it in time.

The law states that the police must serve the NIP within 14 days of an alleged incident. Failure to do this could mean they can’t prosecute, and you are able to reject it.

The issue date on the NIP must not be more than 14 days after the offence. Even if you received your NIP days after, due to postal delays, your NIP is still valid if the issue date is within the 14 days."

It also says if it is late "You should return your NIP to the Process Office stating that you reject it because it is time barred."

Worth getting some legal advice, are you in a union as they usually provide a free legal advice helpline, or employers sometimes provide them for employees?  You also used to be able to approach any solicitor for a free half hour advice.

Car_54

SandyShores said:

Check the issue date on the NIP and take a look at this website:  Notice of Intended Prosecution

According to the web page:  "The only defence against a NIP is if the police fail issue it in time.

The law states that the police must serve the NIP within 14 days of an alleged incident. Failure to do this could mean they can’t prosecute, and you are able to reject it.

The issue date on the NIP must not be more than 14 days after the offence. Even if you received your NIP days after, due to postal delays, your NIP is still valid if the issue date is within the 14 days."

It also says if it is late "You should return your NIP to the Process Office stating that you reject it because it is time barred."

Worth getting some legal advice, are you in a union as they usually provide a free legal advice helpline, or employers sometimes provide them for employees?  You also used to be able to approach any solicitor for a free half hour advice.

The information on that website is simply wrong.

The law requires a NIP to be SERVED, not issued, within 14 days. A NIP issued on day 14 and sent by post can never comply with this.

Further, 'rejecting' a NIP will get you nowhere. The onus is on the recipient to prove the late service, which is notoriously difficult, and can only be done in court.

Finally, even if the NIP is late, the enclosed s172 request to name the driver is not subject to any time limit, and must be complied with.

facade

SandyShores said:

Check the issue date on the NIP and take a look at this website:  Notice of Intended Prosecution

According to the web page:  "The only defence against a NIP is if the police fail issue it in time.

The law states that the police must serve the NIP within 14 days of an alleged incident. Failure to do this could mean they can’t prosecute, and you are able to reject it.

The issue date on the NIP must not be more than 14 days after the offence. Even if you received your NIP days after, due to postal delays, your NIP is still valid if the issue date is within the 14 days."

It also says if it is late "You should return your NIP to the Process Office stating that you reject it because it is time barred."

Worth getting some legal advice, are you in a union as they usually provide a free legal advice helpline, or employers sometimes provide them for employees?  You also used to be able to approach any solicitor for a free half hour advice.

The "14 day rule" doesn't apply when an accident is involved.

RTOA 1988 Section 2

(1)The requirement of section 1(1) of this Act does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.

It also doesn't apply for offences like dangerous driving when the Police couldn't send the NIP because the car wasn't identified until a witness came forward, or produced dash cam/doorbell camera evidence, or the perpetrator published their own incriminating video on youtube a month later!

(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or

(b)that the accused by his own conduct contributed to the failure.

https://www.legislation.gov.uk/ukpga/1988/53/section/2

That website is just wrong on so many facts- a postal strike is a defence!

Also, as Car_54 says, you must respond to an NIP within the time limit given, or face a £1000 fine 6 points and an offence code that will increase insurance massively.

The "14 day rule" is a bar to prosecution for the original offence, not for failure to name the driver.

Bigwheels1111

I’m glad my car is tracked via Bymiles insurance.
Got me out of 5 tickets so far.
This one sounds difficult.

LightFlare

Op hasn’t returned since the 19th

Probably not as “shaken to the core” - stressed and anxious as she initially thought.

Either that or all the advice has helped calmed her down and she’s just forgotten to say thanks

sheramber

SandyShores said:

Check the issue date on the NIP and take a look at this website:  Notice of Intended Prosecution

According to the web page:  "The only defence against a NIP is if the police fail issue it in time.

The law states that the police must serve the NIP within 14 days of an alleged incident. Failure to do this could mean they can’t prosecute, and you are able to reject it.

The issue date on the NIP must not be more than 14 days after the offence. Even if you received your NIP days after, due to postal delays, your NIP is still valid if the issue date is within the 14 days."

It also says if it is late "You should return your NIP to the Process Office stating that you reject it because it is time barred."

Worth getting some legal advice, are you in a union as they usually provide a free legal advice helpline, or employers sometimes provide them for employees?  You also used to be able to approach any solicitor for a free half hour advice.

That website states

You would expect lawyers always to include some small print somewhere, limiting their liability in law. Here it is.

This website contains general information based on English law. We try to keep the contents accurate and up-to-date, but we give no warranty, express or implied, as to their accuracy, and we accept no liability for any error or omission. The contents do not constitute legal or other professional advice. Like all other users of legal websites, you should seek appropriate legal advice before taking or not taking any action. You should not rely on the contents of this website as a substitute for proper advice.

Nothing on this site gives rise to a solicitor-client relationship. We are not liable for loss or damage including (without limitation) loss of business or loss of profits, from use of this website or its contents, or from any action or decision taken as a result of using this site, whether arising in contract or tort or otherwise.

lia254

Hello all, I have just logged back in - apologies I thought I had signed up to alerts when someone responds (I assumed nobody else commented) and I have just read through your extremely supportive advice!  Thank you all so much.

Update - no response from police as yet.  Responded to NIP next working day who acknowledged receipt by phone.  Police could not provide any evidence at all due to data protection.  Insurers only have a 'witness statement' and an indication of some front panel damage in a street adjacent to where I was driving with sister (but neither parked nor 'collided' there).  Again reiterated onus of proving evidence is on third party, not me.

Did call a motoring solicitor for free 5 minutes who told me not to panic.  Obviously hopeful for business to the tune of thousands from me, which I simply don't have and not sure it is necessary.  Having dome some of my own research, I hope this helps others in similar predicament:

 - scenario where damage caused inadvertently - if you genuinely did not know, and the damage was minor, AND there is concrete evidence as opposed to hearsay, they cannot charge with failure to stop / report but CAN charge with careless driving.  Obviously if head on major collision, you cannot use this argument.
- I was specifically asked for my insurance details.  Suspect in a lot of cases where driver does dash off, they are uninsured and police have recourse to charge for no insurance as well.
 - Police do not have to issue NIP inside 14 days if there's an(alleged) accident.
- If guilty, police can and do offer driver awareness courses by way of avoiding magistrates court trial.
- It appears three charges (careless driving, failure to stop and report) is standard protocol when accused of damaging car / driver and failing to stop or exchanging details.

I will update you when I next hear from the police.  I still can't believe how much it has escalated, if I had more time (and money) I would look to seek damages from this third party for vaguely assuming I have hit their car inside a four hour window.  

Finally, sister admitted a friend's car got keyed in the same area and she has had threatening letters, etc from one neighbour.  Possible after all this that it is a malicious claim but it caused no end of stress.

Car_54

lia254 said:

 - scenario where damage caused inadvertently - if you genuinely did not know, and the damage was minor, AND there is concrete evidence as opposed to hearsay, they cannot charge with failure to stop / report but CAN charge with careless driving.  

Of course they can charge you - it would be up to the court to decide whether the charge was proven.

lia254

Car_54 said:

lia254 said:

 - scenario where damage caused inadvertently - if you genuinely did not know, and the damage was minor, AND there is concrete evidence as opposed to hearsay, they cannot charge with failure to stop / report but CAN charge with careless driving.  

Of course they can charge you - it would be up to the court to decide whether the charge was proven.

As mentioned they cannot charge an individual without evidence in support of that charge - i.e. a credible witness or photographic / video evidence showing a driver causing minor damage to a vehicle, getting out, assessing said damage but then choosing to drive off anyway.  Or a vehicle causing major damage to another third party where the excuse of 'I didn't know it happened' won't suffice.  You need to have a conscious awareness of an accident even happening to be charged with failure to stop and failure to report.  Of course, just reiterating what an experienced motoring defence solicitor told me, to help and reassure others who have been falsely accused.  

LightFlare

lia254 said:

Car_54 said:

lia254 said:

 - scenario where damage caused inadvertently - if you genuinely did not know, and the damage was minor, AND there is concrete evidence as opposed to hearsay, they cannot charge with failure to stop / report but CAN charge with careless driving.  

Of course they can charge you - it would be up to the court to decide whether the charge was proven.

As mentioned they cannot charge an individual without evidence in support of that charge - i.e. a credible witness or photographic / video evidence showing a driver causing minor damage to a vehicle, getting out, assessing said damage but then choosing to drive off anyway.  Or a vehicle causing major damage to another third party where the excuse of 'I didn't know it happened' won't suffice.  You need to have a conscious awareness of an accident even happening to be charged with failure to stop and failure to report.  Of course, just reiterating what an experienced motoring defence solicitor told me, to help and reassure others who have been falsely accused.  

I hope you didn’t pay for that advice