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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70183
Experience:  Over 5 years in practice.
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I have received a “Notice of Intended Prosecution” from Thames

Customer Question

I have received a “Notice of Intended Prosecution” from Thames Valley Police stating that on a particular date and time my vehicle was alleged to have been driven in a careless manner contrary to Section 3 Road Traffic Act 1988 and Schedule 2 of the Road Traffic Act 1988.

To be perfect honestly I cannot remember what took place at the approximate date and time as mentioned in the NIP. I drive in excess of a 1000 miles every week and I’m obviously very concerned with this letter and what might be the potential outcome of this NIP.

In fact upon further analysis of the approximate date and time I wasn’t even on the stretch of Motorway stated in the NIP but the registration of the vehicle is mine and I was driving the vehicle at the stated date and time.

I have many questions as these letters are not designed to look pleasant or come across as compassionate to the recipient.

What do I do?
What will happen next?
How can I prove I was on a different part of the motorway?
How can they prove I was on the part of the motorway they are stating in the NIP?

Can you please help me by advising me on how to respond to this NIP?
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

Do you have any points?
Customer: replied 4 years ago.

Yes I currently have an SP30 on my licence from 15/05/10.

I received a fixed penalty of £60 and 3 points

Expert:  Jo C. replied 4 years ago.
Sorry for the delay.

Do you remember any form of near miss?
Customer: replied 4 years ago.

Jomo no need to apologise we all have busy lives!


To be perfectly honest with you I do remember an incident that took place which was not in the location stated on the NIP.


It was a rainy day and I drive a very small Peugeot 107. I was in the middle of a three lane motorway on the M4 travelling east towards the M25. There was a vehicle on my left travelling at a similar speed below 70mph but above 60mph. Behind me was a National Express Coach (empty) who was very close to me and eager to get ahead. I was travelling at around 67mph and I tapped my break peddle to warn him off to create a safer distant between his vehicle and mine. He clearly didn't take to kindly to this gesture as he flashed his full beam several times. This continued for several miles, whilst I was able to maintain a constant speed of 65/68mph, uphill and downhill, the speed of the coach varied uphill and downhill, however whenever the coach driver caught up with he continued to harass me by flashing his lights at me. Personally I didn't feel I was breaking the law or causing danger to any other road users. I also noticed the coach driver continued to drive in the same manner when another vehicle was between me and the coach.


Shortly before approaching my exit towards the M25 from the M4 the coach driver decided to undertake me by passing me on my left (the inside lane), pulled in front of me and braked, causing me to break and move over to the inside lane and proceed to overtake the coach and move into the middle lane. Just before my exit the coach driver moved over into the outside lane, overtook me at speed and then attempt to run me off the motorway by driving across all three lanes of the motorway including the hard shoulder and across my path. Fortunately I was driving at a sufficiently safe speed to manoeuvre my vehicle away from the path of the coach in order to avoid the coach deliberately colliding into the front of my vehicle.


Shortly after this I exited the M4 motorway and the coach continued on the M4 travelling east past the M25 junction.


The NIP states the incident took place

AT approximately 20:36 hrs on Friday 22 March 2013

AT M25, between junctions 15-16, westbound


However I never travelled on the M25, between junctions 15-16, westbound. I joined the M25 at junction 15 and exited at junction 13 which is in the opposite direction.


Should I just reply to them letting them know I was not on the M25, between junctions 15-16, westbound at the stated time or do you feel I should highlight to them everything I have mentioned above?


Expert:  Jo C. replied 4 years ago.
No, certainly do not do that. Its not the way that defence work works.

All you have been asked to do at this stage is identify the driver. S172 requires you to do that so it must be done.

You are not commenting upon the allegation when you fill out the S172 form disclosing the driver. You are just giving them the information that S172 requires.

Wait until day 21 of the 28 day period you will have been given to complete it. They only have six months to lay an information so you must use all of your time periods.

This does not mean that you cannot still defend the allegation at court if it gets that far. It just protects you from a failing to identify charge.

The reason you shouldn't be commenting at this stage is that they will use it against you potentially. Every comment you make to a prosecution authority is an opportunity to put your head in the noose. Sometimes you have to comment but you don't here so you shouldn't

If you send them a letter saying that there wasn't an incident at this location but there was one elsewhere they will just amend the charge. They may do that anyway but there's no sense in reminding them that they need to.

If you send them a letter setting out the version of events that you mention below then the worst case scenario is that they could cross examine you upon it in court.

Fill out the forms and wait to see if they summons you. If they do you will have to defend the allegation.

They will try to prove this by whatever evidence they have from the witness on the point. Maybe that will be credible. Maybe not. This really comes down to one person's word against another.

A lot of the time Magistrates do let people off careless driving charges though.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.