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

Mildly_Miffed

paul2foel said:

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.

So which one of you was busy at that time on THAT date?
Diary entries? Emails sent? etc...

paul2foel

TooManyPoints said:

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).

Its an S172 but not a NIP.

They've provided date/time/location. One of us would have been driving since we pick daughter up from school every day there.

Date of alleged incident is 15th Dec. This letter is dated 23rd Dec. Yeh ok just over a week then.

Do they still only have 14 days from the 15th or does this get extended because they've sent the S172?

Car_54

paul2foel said:

TooManyPoints said:

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).

Its an S172 but not a NIP.

They've provided date/time/location. One of us would have been driving since we pick daughter up from school every day there.

Date of alleged incident is 15th Dec. This letter is dated 23rd Dec. Yeh ok just over a week then.

Do they still only have 14 days from the 15th or does this get extended because they've sent the S172?

The 14-day limit applies to a NIP. You haven't received a NIP. The only time limit is upon you to reply naming the driver.

la531983

paul2foel said:

Date of alleged incident is 15th Dec. 

Which is not "a few weeks ago" so cannot be the incident you describe in the opening post.  

You and your missus need to get your ducks in a row and work out who was doing the driving that Monday. Have you told her about this yet?

itsthelittlethings

It’s a little bit hard to believe you can’t remember who was driving when you jammed on the brakes, if that is the incident.

Mildly_Miffed

itsthelittlethings said:

It’s a little bit hard to believe you can’t remember who was driving when you jammed on the brakes, if that is the incident.

The OP knows exactly who was driving in that incident.

Charitably, they're not convinced that incident was that date, and it may be something else...

A less charitable interpretation may be that they're looking for a get-out. One does not exist. Name the driver, or come up with a VERY good excuse why you can't possibly be expected to have any kind of recall as to which of you did the school run last week.

Grey_Critic

Fail to see why the prevarication - answer the question - Our opinions do not matter and it is not going to go away.

paul2foel

Mildly_Miffed said:

paul2foel said:

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.

So which one of you was busy at that time on THAT date?
Diary entries? Emails sent? etc...

Yeh think we've worked it out.......

paul2foel

itsthelittlethings said:

It’s a little bit hard to believe you can’t remember who was driving when you jammed on the brakes, if that is the incident.

Mildly_Miffed said:

itsthelittlethings said:

It’s a little bit hard to believe you can’t remember who was driving when you jammed on the brakes, if that is the incident.

The OP knows exactly who was driving in that incident.

Charitably, they're not convinced that incident was that date, and it may be something else...

A less charitable interpretation may be that they're looking for a get-out. One does not exist. Name the driver, or come up with a VERY good excuse why you can't possibly be expected to have any kind of recall as to which of you did the school run last week.

Jeez - I'm not trying to get out of anything.....

Its not hard to understand. Yes the wife was driving when she had the slam on brakes incident. Can't recall the exact date. This may or may not be the date on the police form.

Don't worry about we've worked it out to the best of our knowledge now

paul2foel

itsthelittlethings said:

It’s a little bit hard to believe you can’t remember who was driving when you jammed on the brakes, if that is the incident.

IF IF IF IF IF