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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice.
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I have received a letter form Surrey police saying my vehicle

Resolved Question:

I have received a letter form Surrey police saying my vehicle is alleged to have committed the offences of dangerous driving and undue care and attention to other road users.
I don't recall said incident.
I rang them and they said they have video evidence to consider?
I don't know what to do as I don't recall said incident?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Presumably you will have known who was driving?
Customer: replied 3 years ago.

yes myself but like I said I don't recall said incident

Expert:  Jo C. replied 3 years ago.
Is the form you have received entitled S172 form?

Are you asking if you have to complete it?
Customer: replied 3 years ago.

No not got a number, it is asking me to fill in my name and address of driver that day also date of birth and phone number. another page says it is not a leagal requirement but ask if I can give them my email, insurance certificate number and driving license number

Expert:  Jo C. replied 3 years ago.
Ok

So are you asking if you have to complete that?
Customer: replied 3 years ago.

no not asking that question, I already know I have to fill out what they are asking me to.


I am asking is "I don't recall the offences" what do I do? I asked you this in my very first question.


how can they be saying I committed an offence when I have not crashed or collided with anybody and not been stopped by the police on said day?

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

1 I'm really sorry but I'm not sure what your question is?

I understand that you keep saying that your question is "what do I do" but that could be answered by my saying "fill out the form and drink tea" but that's probably not what you wanted to know!

Is it possible that you could ask a specific question about this?

2 On your second point, you do not have to to actually have a collision to commit either dangerous driving or driving without due care and attention. In fact, both offences are very regularly committed without a collision. The fact of a collision would aggravate the offence but that does not need to be one.

All they need to show is that either your driving fell "far below", in the case of dangerous driving, or "below", in the case of driving without due care and attention, the standard required of the reasonable driver. That can be committed in many ways without a collision.

In terms of not stopping you, I'm not sure why that should be an issue? All that means is that they need to use section 172 to force from you the identity of the driver as they did not stop the vehicle so don't have evidence of the driver at this stage.

I would imagine, from what you've said, that they are saying that they have CCTV of the car being driven in an unacceptable way and they are relying on that.

Can I clarify anything for you? Perhaps you might want to ask something specific about the first question that you had?

Jo
Customer: replied 3 years ago.

ok, if they have cctv evidence of offence, you are saying they can prosecute on that evidence, all they require is to find out who the driver is, if that is the case and the cctv evidence is true this finds me guilty as I was the driver, I am saying is I don't recall said incident whatsoever so how can I appeal against it if they want to prosecute me?

Expert:  Jo C. replied 3 years ago.


Yes, they can rely on CCTV although they would have to prove who was driving but they will rely on section 172 to force you to tell them.

You cannot appeal against a decision to prosecute. That is the CPS alone. All you can do is defend it.

Of course, I haven't seen the CCTV but if it shows the car being driven in the offending way then you cannot hide from the fact that that will be difficult to defend.
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