Road Traffic Act section 172 advice required

Section 172 advice required for a friend because obviously as I know a little bit about cars I will be an expert on the road traffic act lol....yes honestly it is for a friend :)

Scenario on bank holiday monday, whilst trying to manoeuvre into a tight space in a private car park, my friend scuffed the car next to them. they stuck around for a few mins to see if anyone came back but they didn't. my friend was wary of any confrontation that might have ensued with the driver and had an obstreperous baby in the car who was impairing their concentration. they then left the car park and parked elsewhere. they returned to the scene on foot about 10-15 mins later to see if anyone had returned, to have a look at any damage and to record the licence plate. they noted a small dint (the size of a coin) but didn't get round to leaving a note/reporting it to the old bill within 24hrs.

They recognise this was the wrong thing to do and were upset with themselves for their cowardice. they had this same thing happen to them at the ASDA in Queensferry but with a large scratch down the side of their own car; they didn't bother sorting to insurance they took it to a garage and got it sorted for £80. So they know what it is like to be on the receiving end of this type of thing and it isn't the type of thing they would ever do had they have been in their right mind. Two weeks passed and they received a section 172 citing failure to stop at the scene of an accident, failure to report an accident and failure to drive with due care and attention.

I don't understand why a 172 would be issued when the carpark was on private ground no injuries small dint etc

The 172 is from the old bill, it is a request for information i.e. confirmation of who was driving and also provides a blank form on which my friend might supply 'their side of events' (i.e. incriminate themselves)
 

Ian Anderson

Lifetime Supporter
From a copper I know!

The 172 has been served as it is unknown who was driving at the time of the incident. It is sent to the registered keeper of the vehicle, for them to put forward who was driving the vehicle ( name, address etc) at the time of the accident.
172 can apply to any road vehicle, and has nothing to do with anyone getting injured (that's another fascinating form).

If you are involved in an accident you are required by law to exchange names, insurance, contact details etc.
If the other party in this case was not present then you have 24 hours to report to the police. This was not done and so the failing to report incident was also served.

The undue care and attention is for causing the accident.

The best bet is to go down to a station and get an officer to explain all the forms. They will also give you the reference numbers 'CAD' and 'CRIS' for the incident that was reported.

It's annoying for such a small incident that it was reported... Most people don't bother.
 

Keith

Moderator
The rule of thumb is that if the public has access to the private land or road, then the Road Traffic Act applies. As a matter of interest, during a cock-up in a road works, I caused £5k damage to a BMW. As I was in a vastly steroid pumped 4x4 I had no idea that contact had been made. It wasn't until a week later I noticed a small dent in my near side sill, but I had ripped the front end off a BMW! All caught on town CCTV. I was enthusiastically pursued by the local PCSO who was determined that I should be charged with all those charges you mentioned.

At the end of the day, my insurance paid up and the CPS declined to waste time & public money on the prosecution. I feel your friend will probably achieve a similar outcome but it is a salutary lesson..
 
At the end of the day, my insurance paid up and the CPS declined to waste time & public money on the prosecution. I feel your friend will probably achieve a similar outcome but it is a salutary lesson..

Thanks Keith, it was certainly a lesson for me as well as I thought it to trivial for the police to get involved, although maybe it was the only way to find out the contact details of the perpetrator.

On a different note it is a policy worth pursuing with private car park and clamping fines. Our son got a £100 fine through the post as cameras has spotted he had taken 5 minutes to buy his ticket for a privately run car park which they felt was to long.

Stood his ground, did some research on web forums, which said ignore threatening letters, they would not take him to court as the costs would not justify it. It helped that he had kept his parking ticket that showed he had bought one. Ignored lots of letters bumping up the costs and threatening court action and bailiffs, and eventually a few months latter the letters stopped.
 
Last edited:

Keith

Moderator
If a complaint is made and there is CCTV evidence (as there obviously was in your friends case) then it would be difficult to see how the police would NOT be involved! It's up to the CPS if it is pursued which results in some really odd and seemingly illogical decisions and one cannot help but think that the procedure is largely budget driven having little to do with the concept of justice.:shifty:
 
It's up to the CPS if it is pursued which results in some really odd and seemingly illogical decisions and one cannot help but think that the procedure is largely budget driven having little to do with the concept of justice.:shifty:

It used to be the police that decided on prosecution, but the task was given to the CPS. Some may think that a good move, I don't, and I believe you are correct in your budget conclusion, as I found out to my cost.
 
Frankly, if someone damaged my car and didn't report it so that the damage could be rectified at their expense, I'd be pretty pissed off and wouldn't give a damn if they got prosecuted for it.
 

Pete McCluskey.

Lifetime Supporter
Frankly, if someone damaged my car and didn't report it so that the damage could be rectified at their expense, I'd be pretty pissed off and wouldn't give a damn if they got prosecuted for it.

Ditto I have have it happen and was furious, especially when I read the note they had left under my windscreen wiper which read, everyone watching thinks I am leaving my licence and insurance details as I just scratched your car. But I'm not that stupid, have a nice day.
 
Ditto I have have it happen and was furious, especially when I read the note they had left under my windscreen wiper which read, everyone watching thinks I am leaving my licence and insurance details as I just scratched your car. But I'm not that stupid, have a nice day.

Pete,

Not the first time I have head of that little trick, bit harder to pull off these days with all the CCTV's around.

I understand the fury it has happened to me on a number of occasions, not to bad on Chugaboom, but I was not happy about it and the repair costs on my wife's previously immaculate Fiesta ST.

I never saw it as a police or prosecution matter. Not that I ever knew who the miscreant was, if caught I guess my thought on any prosecution would all depend on their attitude.
 
Back
Top