I would like to ask you further questions regarding the same incident I asked you about on 2nd June
Province/Country relating to question : UK
taken your advice so far and written to police
Hi Thank you for your question and welcome to Just Answer. I will try to help with this.
Can you explain your situation?
I wrote you you back in early june regarding receiving an undated form 963 from the police. I wrote back saying I couldnt fill in the questions because it was undated and probably out of the strict 14 day time limit of service that you told me was the statute sec1 of the RTA 1988
Yes, go on. I'm just having a look
the police have now sent me a renewed form 963 with the date of the alleged incident being 19.30 0n 9th March 2012
I told them that even though I dont recall an incident, even if the form they originally sent me dated 30th May, that would still have been served out of time
If I'm right the original did have a time but not a date?
they disagreed and said they have 6 months, they say a member of the public at the time reported seeing my car reverse into another car in a tescos car park and the driver was reported as injured. They say they are still waiting for some information to come in. thats all they would tell me
So the original had a time but not a date?
original had no time and no date, completely blank
i wrote back and sais service is flawed on two counts, 1. no date and time and 2. didnt use my car in May as was away so it must be older than the 14 days as it was dated 30th may, now i find out its march 9th
Yes, Im afraid I'm not sure its that simple.
The first is arguably void.
but spoke to the lady who drew up the 963 and she said the 14 day rule doesnt count here, thats for something like a radar gun but because there has been alleged injury they have 6 months
But just because the second is out of the 14 day period that doesnt mean you don't have to complete it.
I wouldn't worry about what police officers tell you.
they are not usually qualified to give legal advice.
The 14 day rule applies to a large number of offences.
Its designed for circumstances where NIPs and S172 documents are appropriate.
ok i dont mind completing it, i expected them to issue a new one but my concern is the 14 day rule
If I'm right though, this is undue care and attention?
You do need to complete it though.
If you don't they will just charge you with failing to identify the driver.
If they prosecuted anyway then you can still rely on the 14 day rule.
You don't abandon that argument because you fill out a NIP
they are accusing me of driving without due care and attention and failing to stop after accident, both these boxes are the only ones crossed
Do i fill it out and write a coverng letter again about the 14 days to them or just fill in their form and wait for court and then do the 14 day argument.
No, just fill out the forms.
so is the 6 month thing wrong and the 14 day a strict rule for service. this is what i read up after speaking to you
They have to serve a NIP within 14 days to pursue certain offences.
they can deliver an oral NIP at scene but they didn't here
However, they do have to summons within 6 months.
For any summary only offence
so do my alleged offences in there NIP come under the "certain offences"
I'm just looking it up.
I'm not sure they do but it doesn't matter because S172 is the issue.
You will find it here
so i should just fill in the appropriate sections and send it back at this stage and wait and see what happens. was suprised to say they are still awaiting information from other parties....even though this happened in early March apparently
And although it is as clear as mud my reading is that it does apply to careless driving which is undue care
Yes, you should.
You should use all of the 28 day period you've been given though.
ok well i guess thats it for now thank you
the whole point is that they don't have long to summons you now
ok I will do that
If this was in march then they only have until September
yes of course
So if you use the 28 period then that will eat into it even more.
i understand thanks for your help
Best of luck.
Please remember to rate my answer.
Bar Exams, over 5 years in practice
Dear Jomo 1972Have sent back NIP signed etc and denied all alleged offences and again saying they are out of time having finally served me with NIP on 18/6 for alleged offence that was supposed to have happened on 9/3.so lets see what happens!!Howard
No problem.All the best.
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