Not Aware Of Accident Or Damage

Question:

I got a section 172 through the post alleging that I was driving without due care & attention, failing to stop, failing to report. The alleged offence took place x this year, the letter I received was dated x. I do not recall any collision taking place within a supermarket car park. I do recall however, an altercation with a lady. What happened was I reversed out of a car parking space and maneuvered to drive off, pulling into the left hand side of the road/section between cars in car park.

At the same time, this lady cut across, hence blocking me from being able to pull out and drive across. She was at such an angle to my car and proceeded to go forward. I then pulled my wing mirror in because it was as if she was about to hit my car and then maneuvered my car more to the left, so that she wouldn’t hit me and so that she could go pass freely. She shook her head at me, I told her I couldn’t go anywhere because she was at an awkward angle.

She then moved her car as if she was continuing ahead, so I moved mine and went on my way. Didn’t think anything of it after that, plus there’s no damage to my car except old scrapes and knocks that have always been there. The next thing I get is a section 172 through the post, which I’ve not filled in yet.

Will I get an NIP considering the alleged offence date was x. I thought that they have to be served within 14 days of alleged offence and also how would I go about contesting the allegations? I hadn’t reported anything as I wasn’t aware of any collisions, accident or damage.

Dominic says:

It sounds as though the incident in the car park is the occasion in question. The notice has to be served within 14 days of the alleged offence if you were unaware of damage being caused – so you may have an argument on that front. This argument does not give you a defence to failing to name the driver though – see below.

You have a defence to fail to stop and report if you were unaware that there was any contact or damage caused. You have a defence to driving without due care and attention if you can show that the standard of your driving didn’t drop and the contact between the vehicles (if there was any) was her fault.

I can help you with this matter. At the moment you are at risk of 5-10 penalty points. Have you got any points already? Are you a new driver?

We have just over a 90% success rate in dissuading the police from taking further action at this stage. Come back to me if you would like my help in that regard. I charge a fixed fee of £250 plus vat.

Alternatively come back to me when you get the court summons and I will be able to have a look at the evidence for you for free at that stage.

You have to name yourself as the driver – otherwise you risk 6 points for failing to supply that information. There is no requirement for a NIP within 14 days for you to be convicted of failing to identify the driver.

Come back to me if I can assist further.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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