Letter from Police - Failure to stop RTA - want to know driver details

paul2foel

Vitor said:

Any dash-cam footage?

You do need to reply to a Section 172 but do not attempt to explain or give your side of the story to be 'helpful'. Failing to stop or report only becomes an offence if there was an accident and you knew or reasonably should have known it occurred and injury or damage was caused. A pedestrian storming off shouting is not strong evidence of injury.

sadly dash cam was broken

paul2foel

twopenny said:

The rule is cars give way to pedestrians who are crossing or waiting to cross.

They cannot just keep walking off the pavement into the road with no indication of their intention to cross or checking on coming traffic is not already turning.

Sounds like neither were paying attention. The driver seeing a guy distracted potentially heading into the road or the guy not aware of his surroundings.
I'd say you'd get an awareness course out of it should it be anything.

It also sounds as if this teen has spoken to people and the story has grown one sided. He thinks he'll get money out of it.
Do you have dates of the incidentd? 
Dates of report made?
How far apart?
Any damage to the car when he thumped it ?

I've narrowly missed quite a few burried in their thoughts and phones recently and there is this misconception that there is a right to cross regardless of oncoming traffic already turning.

Thing is theres normally a queue getting out onto the main road so its easy for someone to try and walk through the gaps. No damage to car.

Got the dates etc. Not 100% sure if the same date. This is just me thinking what this "might" be about.

I'm wondering whether they've gone home, its suddenly become a big story and escalated out of proportion. It would be easy to get reg next day because we pick daughter up every day same place.

paul2foel

sheenas said:

Look you have described part of an incident that you were involved in. No point in trying to claim you
not sure who was driving, the police will simply consider it an attempt to avoid prosecution. 

You need to no comment and get full disclosure from the police. Once you understand stand the claim fully you can respond.

Was this at a junction and why would the pedestrian consider that it was safe to cross?

Might be completely different. This is just me thinking of when it "might" have been.

Do same thing, pick daughter up from this car park and drive onto main road, every day same time. Get many incidents of kids walking in front of car, even once or twice where friends push them for a laugh.

Normally a queue of 3/4 cars trying to get out of a junction where they're up the hill right to left. Its a junction you need to pull out slowly.

user1977

paul2foel said:

twopenny said:

The rule is cars give way to pedestrians who are crossing or waiting to cross.

They cannot just keep walking off the pavement into the road with no indication of their intention to cross or checking on coming traffic is not already turning.

Sounds like neither were paying attention. The driver seeing a guy distracted potentially heading into the road or the guy not aware of his surroundings.
I'd say you'd get an awareness course out of it should it be anything.

It also sounds as if this teen has spoken to people and the story has grown one sided. He thinks he'll get money out of it.
Do you have dates of the incidentd? 
Dates of report made?
How far apart?
Any damage to the car when he thumped it ?

I've narrowly missed quite a few burried in their thoughts and phones recently and there is this misconception that there is a right to cross regardless of oncoming traffic already turning.

Got the dates etc.

As I asked earlier, what's the "etc"? They need to give you enough info to figure out what the alleged incident was.

itsthelittlethings

Could be something you don’t even know happened! Just reply to the letter and find out.

Keep_pedalling

paul2foel said:

Keep_pedalling said:

You say letter, is this a notice of intended prosecution (NIP)? 

If it is then failing to name the driver will land you with a fine, 6 points on your licence, and a massive hike in your insurance premiums. 

S172 not a NIP

You must respond to an S172 notice naming the driver otherwise a fine and 6 points will be on there way  to the registered keeper. 

user1977

Bear in mind that the correct answer might be "nobody was driving the car, somebody has reported the wrong registration number to you".

Mildly_Miffed

paul2foel said:

Got the dates etc. Not 100% sure if the same date. This is just me thinking what this "might" be about.
...we pick daughter up every day same place.

So the time and place do fit with this potential incident.

How about the date? It's only a couple of weeks ago - was there anything that might give you a clue about what else you'd done, or were doing, around that time?

Does one of you normally drive for this errand?

TooManyPoints

It’s pointless trying to speculate if you don’t know what the police are alleging.

You don’t say what this “letter” is.If you have a request issued under s172 of the road Traffic Ac you must respond or face six points. As well as that, if the police intend to prosecute you for careless or inconsiderate driving, assuming you are the Registered Keeper, they must serve you with a Notice of Intended Prosecution (NIP) within 14 days of the alleged offence. You say you received this letter a “few weeks” after the alleged incident? If it was more than two weeks they cannot prosecute you for those offences. But failing to stop/report does not require aa NIP.

They need to give you enough info to figure out what the alleged incident was.

Not for on a Section 172 request, they don’t. The OP has not troubled us with the details of the letter he has received.  A s172 request needs only to ask for the driver’s details when the vehicle was being driven at a specified place at a certain time. They don’t have to say why they want to know. 

A NIP, however, must specify “the nature of the alleged offence and the time and place where it is alleged to have been committed.”

That said, it is unusual for the police to issue a s172 request without a NIP (whether one is required or not).

paul2foel

Mildly_Miffed said:

paul2foel said:

Got the dates etc. Not 100% sure if the same date. This is just me thinking what this "might" be about.
...we pick daughter up every day same place.

So the time and place do fit with this potential incident.

How about the date? It's only a couple of weeks ago - was there anything that might give you a clue about what else you'd done, or were doing, around that time?

Does one of you normally drive for this errand?

Its where we pick daughter up from school at that time every day. One of us - depending on whos busy with work will drive.