If you are stuck in such a situation, here is what to do.
Mr. Peterson, a resident of Oakhaven, was alarmed to receive an official-looking letter from the local constabulary. The document was a notice requiring him to identify the driver of a vehicle allegedly involved in a collision in a retail park. The notice stated that the driver had failed to stop and provide their details after the incident. However, the registration number listed on the notice, XY23 ZAB, was not his. Mr. Peterson’s vehicle registration is very similar, XY23 ZAD, but it is unequivocally different. He was left confused and worried, wondering how the police could make such a mistake and what steps he needed to take to clear his name and protect his driving record.
Advice in such cases
Do Not Ignore the Notice: A requirement to furnish driver details under Section 172 of the Road Traffic Act 1988 has a strict time limit, typically 28 days. Ignoring it is an offence in itself.
Respond Promptly and in Writing: You must reply to the authority that sent the notice. Do not assume the mistake is obvious and will be rectified automatically.
State the Facts Clearly: In your written response, explicitly state that the registration number on the notice does not belong to any vehicle you own or keep. Point out the discrepancy between the alleged registration and your actual vehicle’s registration.
Provide Supporting Evidence: To substantiate your claim, include a photocopy of your vehicle’s V5C registration document (the logbook). This is the strongest evidence to prove the correct registration of your vehicle.
Keep Records: Make a copy of the notice you received and the detailed response you send. If you send it by post, consider using a tracked service as proof of delivery.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.
Applicable Sections of Law
The legal framework in the UK for such situations is primarily governed by the Road Traffic Act 1988.
Section 172 of the Road Traffic Act 1988: This section places a legal duty on the registered keeper of a vehicle to provide information as to the identity of the driver at the time of an alleged offence. Failure to provide this information without a valid defence is a criminal offence, carrying a penalty of 6 points and a substantial fine.
Section 170 of the Road Traffic Act 1988: This outlines the duties of a driver to stop and report an accident where damage or injury is caused. The notice you received is likely a consequence of an alleged breach of this section by the driver of the other vehicle.
If you are the complainant
The complainant is the person who initially reported the incident to the police (e.g., the owner of the car that was hit). In these cases, the entire process is triggered by their report. If they accidentally misread or misremembered a registration plate, it can lead to an incorrect notice being sent. If contacted by the police for clarification, the complainant should cooperate fully to help identify the correct vehicle and driver, acknowledging the possibility of their own error.
If you are the victim
In this context, the “victim” is the person who has incorrectly received the notice. Your primary obligation is to respond to the Section 172 notice. Your defence is straightforward: you are not the keeper of the vehicle in question. You must clearly communicate this to the police. Failure to respond at all, even if the notice is mistaken, can lead to your prosecution for the separate offence of ‘Failing to Furnish Information’, which can be more difficult to defend than the original motoring allegation.
How the police behave in such cases
The police issue these notices based on information provided to them, which can come from a witness, another driver, or camera footage. Human error in noting down a registration number is a common source of mistakes. When the police receive a clear, evidenced response demonstrating that they have contacted the wrong person, their standard procedure is to:
Cross-reference your V5C document with the details held by the Driver and Vehicle Licensing Agency (DVLA).
Acknowledge the error and confirm in writing that no further action will be taken against you.
Close the notice against your name and attempt to trace the correct vehicle based on the revised information.
FAQs people normally have
How could the police get my details from the wrong registration number?
The police query the DVLA database with the registration number they were given. If a witness made a single-letter or single-digit error when noting the plate, the query could easily bring up your vehicle’s details instead of the correct one. The system provides the registered keeper’s details for the registration number entered, whether correct or not.What happens if I just throw the letter away?
Do not do this. You will likely be prosecuted for an offence under Section 172. This carries a penalty of 6 points and a fine, and it is a conviction that must be declared to insurers.Should I inform my insurance company?
There is no need to inform your insurance company about a notice that was issued to you in error and subsequently withdrawn. As your vehicle was not involved in any incident, it is not a material fact relevant to your policy.
What evidence is required?
The most crucial piece of evidence is a copy of your V5C registration document. This document officially links you to your vehicle and its correct registration number. Paired with a clear, concise letter explaining the situation, this is usually sufficient to resolve the matter. While not always necessary, if you happen to have evidence of your whereabouts at the time of the alleged offence (like a dated receipt or a work timesheet), it can add weight to your response but is secondary to proving the vehicle identity is wrong.
How long will the investigation take?
The police have six months from the date of the original alleged offence to initiate court proceedings. However, once you have sent your response with clear evidence, you should expect to receive a letter from the police withdrawing the notice, typically within several weeks. If you do not hear back within a reasonable timeframe, a follow-up call or letter is advisable.
Advocate Sudhir Rao, Supreme Court of India