I presume the papers served are what is Notice of Intended prosecution which has to be served within 14 days of an incident under investigation for careless driving etc other wise they cannot take the matter to court.

No NIP is required in the event of an accident.

I wasn't aware this happen so are you saying they can not process?

No that’s not correct. If you are prosecuted for “Failing to stop or report” you have a defence if you can prove that you were not aware a collision took place. It will not provide a defence against dangerous or careless driving.

But first things first – how do the police know you were driving? Or don't they know who was driving and they've sent you a request to provide the driver's details along with your Notice of Intended Prosecution?

Yes, my other half received the letter, as he's the registered keeper.

I need to provide my details within 28 days.

Do you mean that the letter was addressed to your other half and that it requires him, as the Keeper to name the driver?

There was another car, which I assume have passed my details on. Which I would have done if I had known i touched the car. I didn't feel anything (as in a bump etc) nor did I hear anything (as in a bang or crush noise)

I expect somebody, either the owner of the car you allegedly hit or a bystander, noted your registration number. That was passed on to the police along with an allegation of failure to stop. The police then decide the incident warrants investigation. Hence the NIP etc.

I assume the police have passed on our insurance details, as my insurance have opened a case already, neither myself nor my other half have spoken to them, again, as I wasn't aware the incident happened.

surely the police can't pass on our details, that must be a data breach!

I'd expect the insurance industry to be able to find the insurer of any vehicle from its registration. The company insuring the vehicle you allegedly hit have then informed your vehicle's insurer. Have you or your other half had any intimation of a claim directly from the other party.

In addition, this happened in an NHS park car.

I don't think that makes much difference. It's a place to which the public have access and normal rules of liability apply.

Yes, my other half received the letter, as he's the registered keeper.

It's a NIP I received and believe it was hand delivered through the letterbox.

You need to get this clear as it is important. Forget about the Notice of Intended Prosecution (NIP). One is not legally required if there was an accident and it is simply a notice anyway. The important document for you to concentrate on at the moment is the “Request for driver’s details” (usually known as a “Section 172” request). This is an entirely separate document with different rules regarding service and timescales (although it is usually printed on the same piece of paper as the NIP).

Whoever this request is addressed to must respond to it. If it addressed to your O/H he must complete and return it within 28 days. You should not. You will then receive your own s172 request which you must complete and return. It doesn’t matter how this document got to you or how the police discovered your O/H’s details. If he fails to respond he will face a charge under s172 (as will you if you fail likewise after receiving yours). A conviction under that offence carries a hefty fine, six points and an endorsement code (MS90) which will see your insurance premiums rocket for up to five years.

Get that sorted out first. Very often in cases like this, once the police are satisfied that the other party or their insurers has the driver’s details they will often take no further action. But if they do, you can cross that bridge when you come to it.

As an aside:

...surely the police can't pass on our details, that must be a data breach!

Yes they can. The data protection legislation does not apply to the police when investigating criminal matters.

Edited by Middleman on 30/07/2022 at 12:57