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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Ive received a section 172 in the post 01/07/13. its saying

Customer Question

I've received a section 172 in the post 01/07/13. its saying a alleged public offence occur on the 06/06/13. Their letter is dated 27/06/13 and the stamp mark on letter is 28/06/13 posted 2nd class. Also the road they have given is wrong doesn't this make any difference ?
Is there not a time limit to request this information i.e 14 days ??? Whats my best course of action ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Do you mean public order?

Normally this is a road traffic offence.
Customer: replied 3 years ago.

Hi Jo,


 


Yes a public order .

Expert:  Jo C. replied 3 years ago.
Thanks.

Whats the public order offence please?
Customer: replied 3 years ago.

Hi Jo,


I dont exactly know without making contact with the police... which i really dont have the time to do at the moment .. running two companies and going on holiday on friday ! is there not a time limit for a section 72 ?? the alleged offence happened 3.5 weeks ago. several people drive the car but i'm the name keeper...


 


Many Thanks


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Its very unlikely this is a public order offence. Most likely there is an allegation of a driving offence.

If they are trying to use a S172 form for an offence to which it doesn't apply then you would have a challenge.

The S172 form has no time limit upon it. What has a time limit is the NIP. A NIP should be delivered to the registered keeper either verbally or by post within 14 days of the contravention.

They may or may not be out of time here. It depends on the date of issue and whether any person was stopped at scene.

Either way though, even if they are out of time, that doesn't mean you are free from your S172 obligations. Your S172 obligations to name the driver are stand alone and if you don't comply then they will just charge you with failing to identify which carries 6 points and a much higher fine.

Can I help further?

Jo
Customer: replied 3 years ago.

thanks for the reply.


 


 


 


so what is my next course of action ?.. Contact the police and ask for more information before sending off the s172.


 


 


the s172 clearly states an alleged 'public order' offence. has the s172 incorrect been filed out ??

Expert:  Jo C. replied 3 years ago.
No. Not necessarily.

There's no point in contacting the police for more information. The obligation is yours to ascertain who was driving not theirs to put you in a position where you can do so
Customer: replied 3 years ago.

so how is that fair .... they have taken 3.5 weeks to contact me and given me no details of exactly what has occured but because im the keeper on the V5 I must name myself which maybe incorrect!? Don't think Im going to do that!

Expert:  Jo C. replied 3 years ago.
The issue isn't fairness. The issue is law. Sometimes the law is unfair.

If you don't identify they will charge you with failing to identify which carries the higher penalties.
Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Stuart J replied 3 years ago.
The answer you have received can't be improved upon. I can think of nothing to add.
Customer: replied 3 years ago.

so you agree that I shouldn't try and contact the police to find out more information after alleged offence that has taken them 3.5 weeks to contact me about.... I real feel that they should give me as much information as possible so I can work out who's driving the car at the time ... leaving it 3.5 weeks hasn't helped ! I'm not going to admit to an offence just because I'm the name keeper on the V5!!

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