Failure to stop now charged with failure to produce information of driver SECTION 172

[vanman]

Re: Failure to stop now charged with failure to produce information of driver SECTION

I also notice that on the 01st October 2014 (dated letter) received a letter

Attaching another section 172


On the 22nd October Received a Salford Magistrates court summons

21 days


Now looking at the section 172
(7)A requirement under subsection (2) may be made by written notice served by post; and where it is so made—
a) It shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served,


28 days has not been past

[astar]

Re: Failure to stop now charged with failure to produce information of driver SECTION

I also notice that on the 01st October 2014 (dated letter) received a letter

Attaching another section 172


On the 22nd October Received a Salford Magistrates court summons

21 days


Now looking at the section 172
(7)A requirement under subsection (2) may be made by written notice served by post; and where it is so made—
a) It shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served,


28 days has not been past

Thanks for your reply,looks like you have a point should the section 172 form be sent to the police or the court ?

[astar]

Re: Failure to stop now charged with failure to produce information of driver SECTION

Hi all again & thanks for your replies,i have carefully gone over the paperwork & noticed that on the court summons paperwork,Police written charges sheet, it states Heathers date of birth,which has not been given to the Police.
Therefore think it is fair to assume that they already had her details & have accepted her mitigation as production of driver details as otherwise would say on the charge sheet date of birth 'not known'.

[des8]

Re: Failure to stop now charged with failure to produce information of driver SECTION

Thanks for your reply unfortunatly the link you quoted says :
Forbidden

You don't have permission to access /wp-content/uploads/JCO/Documents/judicial-college/ETBB_LiP+_finalised_pdf on this server.

Funny that, I can't access from the link (same message as you) but if I Google "litigants friend criminal case" it appears as second in list , headed "litigants in person..courts and tribunals judiciary".
See if that works. If not we'll try something different:tinysmile_grin_t:

[des8]

Re: Failure to stop now charged with failure to produce information of driver SECTION

Thanks for your reply,looks like you have a point should the section 172 form be sent to the police or the court ?

Police

[astar]

Re: Failure to stop now charged with failure to produce information of driver SECTION

Police

Thanks, would you advise marking it with 'without prejudice' ?.
I suppose It does not matter now as the original intended prosecution for failure to stop etc is past due to the 14 day rule.
Would the police not now accept the 172 form now saying it not valid, as would they not try to wriggle out of it saying that they count the date from the 1st October ?.

[des8]

Re: Failure to stop now charged with failure to produce information of driver SECTION

At this stage it appears to be one big mess.

A NiP has to be served within 14 days of the alleged offence. However there are exceptions to this requirement, and I would guess the slight delay was due to the time taken for the complaint to be laid by the other driver.

The original form wasn't completed, although some sort of info was given to police in a letter. (what information exactly was given?)
There's then an acrimonius exchange with the police who send a further request for details, but that form still hasn't been completed.
I don't think there's much mileage in saying Heather should have had 28 days to complete that form, especially as it hasn't yet been completed.
The police will argue that they have given Heather a number of chances to give the required details and she has failed.

The best chance, IMO, is to send the form in now with a covering letter, and in court explain the problems Heather has: the fact she did not understand the implications and that her friend who explained it all similarly misunderstood the situation. Explain that she thought the information in the letter she sent 22/09 was sufficient to discharge her duty and did not receive (bearing in mind her difficulties) a clear enough explanation of what was required and why it was required. Concentrate on that letter.

[astar]

Re: Failure to stop now charged with failure to produce information of driver SECTION

At this stage it appears to be one big mess.

A NiP has to be served within 14 days of the alleged offence. However there are exceptions to this requirement, and I would guess the slight delay was due to the time taken for the complaint to be laid by the other driver.

The original form wasn't completed, although some sort of info was given to police in a letter. (what information exactly was given?)
There's then an acrimonius exchange with the police who send a further request for details, but that form still hasn't been completed.
I don't think there's much mileage in saying Heather should have had 28 days to complete that form, especially as it hasn't yet been completed.
The police will argue that they have given Heather a number of chances to give the required details and she has failed.

The best chance, IMO, is to send the form in now with a covering letter, and in court explain the problems Heather has: the fact she did not understand the implications and that her friend who explained it all similarly misunderstood the situation. Explain that she thought the information in the letter she sent 22/09 was sufficient to discharge her duty and did not receive (bearing in mind her difficulties) a clear enough explanation of what was required and why it was required. Concentrate on that letter.

Thanks for your time & your sound advise, really appreciated.