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

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

    News to me.....

    All I can think of is a few weeks ago, in a traffic queue to pull out of a junction, some teen on their phone walked right in front of the car, I had to slam on brakes, they banged the car and walked off shouting at me. Hardly a RTA because the car made no contact. I'm wondering if that teen has gone home. made more of it than it was, and parents reported it?

    Worried now because the penalties for failing to report an accident are quite severe aren't they? Seems a bit off though - surely anyone can claim they were in an accident and report this?

    In the first instance, should I reply with driver details? (Not 100% sure which one of us it was). Should I contact the police myself to see what its all about? (Thinking if I sit back doesn't that look like I'm guilty)

    Ultimately, what can I expect to happen?
    Tags: None

  • #2
    Is the letter a Notice of Intended Prosecution and s172 request to disclose who was driving? What is the precise wording of the offence they intend to prosecute for?

    If so you must respond and identify the driver, and do that within the time limit specified on the document. Failure to disclose is a serious offence carrying 6 points if convicted.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      Is the letter a Notice of Intended Prosecution and s172 request to disclose who was driving? What is the precise wording of the offence they intend to prosecute for?

      If so you must respond and identify the driver, and do that within the time limit specified on the document. Failure to disclose is a serious offence carrying 6 points if convicted.

      Yes its a section 172 request but no mention of NIP.

      Offence is ROAD TRAFFIC ACT 1988 OF FAILING TO STOP AND PROVIDE INFORMATION FOLLOWING A ROAD TRAFFIC COLLISON

      Comment


      • #4
        You must respond to the s172 notice and identify the driver. Failure to identify the driver is a separate offence to the failure to stop that they mention. You will get the opportunity to deny the failure to stop after an RTC later. Identifying the driver isn't an admission of guilt to the offence under investigation.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          As above. And work out who was driving - "we don't know" won't work, sorry. You can defend the charge on the basis that there was no accident at a later date. Seems odd that the teen on their phone would take your reg number etc?

          Comment


          • #6
            Originally posted by islandgirl View Post
            As above. And work out who was driving - "we don't know" won't work, sorry. You can defend the charge on the basis that there was no accident at a later date. Seems odd that the teen on their phone would take your reg number etc?
            School pickup. Would be there every day at the same time.

            Easy enough to notice same car same time and note reg number next day I guess?

            Comment


            • #7
              Possibly, but very odd!

              Comment


              • #8
                Originally posted by islandgirl View Post
                Possibly, but very odd!
                Yes agreed. I can't for the life of me think of anything else.

                Oh well, get the S172 sent off and wait and see I guess?

                Comment

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