Issued S172

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Sat 19 Sep 2015 09:20
Issued S172 - worried guy

Hi, I hope i am in the right section. Basically a s172 has been issued for an alleged collision with a parked car causing damage to there wing mirror. It has the approx time, date, and road of the accident, as well as the words careless driving, fail to report a road traffic collision and fail to stop. It is possible I may have hit the car as i have a small dent in mine and the wing mirror cover on mine was missing (since repaired). I would like some advice regarding my next step. I will send the s172 back and notify my insurance company, but should i phone the police contact number on the s172 to try to clear this up? Would it be possible to contact the damaged cars driver and sort this out or should i just send the form back and wait for further correspondence from the police. I should point out that i assume my car was witnessed by someone who made a note of my reg. I am so worried right now i cant sleep or eat and some advice would be greatly appreciated. Thanks.

Reply | Report as offensive | Link
Sat 19 Sep 2015 11:45
Issued S172 - RT

Hi, I hope i am in the right section. Basically a s172 has been issued for an alleged collision with a parked car causing damage to there wing mirror. It has the approx time, date, and road of the accident, as well as the words careless driving, fail to report a road traffic collision and fail to stop. It is possible I may have hit the car as i have a small dent in mine and the wing mirror cover on mine was missing (since repaired). I would like some advice regarding my next step. I will send the s172 back and notify my insurance company, but should i phone the police contact number on the s172 to try to clear this up? Would it be possible to contact the damaged cars driver and sort this out or should i just send the form back and wait for further correspondence from the police. I should point out that i assume my car was witnessed by someone who made a note of my reg. I am so worried right now i cant sleep or eat and some advice would be greatly appreciated. Thanks.

The important thing right now is to complete/return the S172 within the timescale as failure to to so is an absolute offence in it's own right. Then write down all you can remember about that day for when you're interviewed. They may mention failure to stop but it's a defence if you could not reasonably know you'd been involved in an accident - but the possibility of careless driving is there, depending on what actually happened.

Edited by RT on 19/09/2015 at 11:45

Reply | Report as offensive | Link
Sat 19 Sep 2015 16:19
Issued S172 - worried guy

Thank you for your answer, I have sent the form and also spoken to the owner of the other car, at first she was angry, but i explained i didnt know it had happened. She asked me to contact my insurance company which i did and i told them what had happened. We have swapped details and she said if the police ask her anything more she will say she is happy for the insurance companies to deal with it and move on. My issue now is whether to phone the police and explain this to them and see what they say, or just wait. The lady said their was £3000 of damage to her car but the police letter said damage to the wing mirror. The lady also said their were 4 witnesses but she had got my car reg alone.

Reply | Report as offensive | Link
Sat 19 Sep 2015 17:09
Issued S172 - Peter D

£3,000 of damage and you did not stop. Geeees

How did you know how to contact the other vehicle owner.

The Police may drop this when they are aware that the insurance companies are dealing with it. Regards Peter

Reply | Report as offensive | Link
Sat 19 Sep 2015 17:27
Issued S172 - worried guy

£3,000 of damage and you did not stop. Geeees

How did you know how to contact the other vehicle owner.

The Police may drop this when they are aware that the insurance companies are dealing with it. Regards Peter

I parked on the road of the accident and the lady approached me asking if i had had a letter from the police.

Reply | Report as offensive | Link
Sat 19 Sep 2015 17:16
Issued S172 - Dwight Van Driver

Looks like Lady has made complaint to police.

In their hands now to investigate.

They send out 172 to find out driver of car complained against.

Driver sends his details in on 172.

No NOIP required in 14 days as accident involved (Force protocol in cases like this is to do so) and this may have been with the 172 - received in 14 days?

Police will then interview drivers and get his version.

File then sunmitted to CPS to see if grounds for prosecuting for careless driving/fail to stop report accident.

Whilst I cannot gaurantee under a normal dealt with at the time as no injury matter would have been left to Insurance Co.

Bear this in mind for failing to stop/report. There must be some knowledge of the accident by the driver (Harding v Price [1948])or the circumstances such that he should have been aware (loud bag) etc. The onus for this on the defence once the accident and damage has been proved by prosecution.

Harding v Price was backed up by Hampson v Powell [1970] - lorry driver charged with failing to stop. No damage found on lorry, driver admitted being in the relevant area at the time but denied all knowledge. No offence.

As to £4000 worth of damage from a wing mirror????????????

dvd

Edited by Dwight Van Driver on 19/09/2015 at 17:17

Reply | Report as offensive | Link
Sat 19 Sep 2015 17:21
Issued S172 - worried guy

Thank you both for your replies. the 172 was recieved in 16 days, doint know if that makes a difference. Should i call the police and try to head this off or just wait for an outcome? thanks for all your advice.

Reply | Report as offensive | Link
Sun 20 Sep 2015 07:54
Issued S172 - RobJP

Failure to reply to the S.172 notice is an absolute offence, once it has been issued by the police. If you do not reply to it, then you risk prosecution, fine, points.

So reply to it, they will pass on your details to the third party (which, as you say, you have already been in contact with), and the matter as far as the police are concerned will be closed.

Reply | Report as offensive | Link
Sun 20 Sep 2015 09:25
Issued S172 - Dwight Van Driver

No time limit on sending out 172 but there is if NOIP (careless driving) involved - 14 days but as accident involved not required.

RobJP - not sure NFA as we only have the posters account???????

dvd

Reply | Report as offensive | Link
Sun 20 Sep 2015 13:35
Issued S172 - RobJP

Quite right, DVD. My assumption is that the S.172 was only issued at the request of the other owner / insurance co.

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance