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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice.
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I have received a letter dated 11/02/2016 a "Section 172,

Customer Question

Good Morning.
I have received a letter dated 11/02/2016
a "Section 172, Road Traffic Act, 1988, Section 12 Road Traffic Offenders Act1988 Application for Name and Address of Driver"
It states
The driver of a motor vehicle, Names a ..... bearing the registration number,....., is alleged to have committed an offence, namely, driving without due care/reasonable consideration.
03/12/2015 'time'...'location'
Can you shed any light on what I need to do please ? Its 3 months since that date and I have no idea about any issues, I can't even remember being in that location.
It then asks me who was driving at that time on that date and further on refers to an alleged offence on Page 2.
(there is no page 2 that I can find)
Can yo assist please ?
Thanks in Advnace
Gareth
Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 9 months ago.

What would you like to know about this please?

Customer: replied 9 months ago.
Im concerned as Im completely unaware of what it is about and don't want to shoot myself in the foot.What do I need to fill in ?
I have filled in Section B (my name address and telephone number)
Then I'm supposed to fill in the the next page (Part 1) "to be completed by the driver at the time of the offence"I have no idea what the alleged 'offence is" - the chances are I was the driver as I rarely let anyone else drive, but have no idea what I was doing 3 months ago.aren't they supposed to serve this within 14 days of the offence date (which they claim is 03/12/2015) ?Also it offers me the opportunity to "offer your explanation of the alleged offence referred to on page 2.."
What do I write here ?
for example "I have no idea of the alleged offence, I cannot remember even being in that location 3 months ago" ?
I don't want to be obstructive, or antagonistic, but I worry about bureaucracy causing massive issues today and don't want to get caught up in something for the sake of not writing the correct answer in the correct way.aren't they supposed to serve this within 14 days of the offence date (which they claim is 03/12/2015) ? and the letter dated 11/02/2016 is right outside of that remit.Thanks in advance
Gareth
Expert:  Jo C. replied 9 months ago.

Were you the driver?

Customer: replied 9 months ago.
I believe so - although as I say 3 months ago is a long time to remember, the chances are yes i was because as i say I rarely have others drive
Expert:  Jo C. replied 9 months ago.

Ok but what do your enquiries suggest? The law requires you to investigate the identity of the driver.

Customer: replied 9 months ago.
IS this a notice of intended prosecution ?What is likely to happen next when i fill this form in and return it ?
Expert:  Jo C. replied 9 months ago.

What you have actually set down above is a S172 request although there might be a NIP attached to the form elsewhere.

On the face of it, they are considering prosecuting the driver for careless driving.

They may summons. They may forget. That does happen sometimes.

Can I clarify anything for you? If you can ask a more specific question then I might be able to offer more.

Jo

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