3. Advice needed section 172
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Advice needed section 172
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I’ve received a section 172 request to give information about a driver for mobile phone use, it which looked like a scam letter and the date stated on the letter the car didn’t move all day. So…. I rang 101 this morning and they said it is a genuine letter but the offence was a different date to what was typed on the letter. As we’re on day 14 since the alleged incident and the only letter we have has the incorrect date on it where the car wasn’t driven, can we get this voided on that basis? Many thanks
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Re: Advice needed section 172
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No.
There is no requirement to serve a NIP for a mobile phone offence, and therefore no defence from a failure to serve a valid NIP within the 14 days.

Currently, you have been served an s. 172 requirement, which contrary the title of your thread, you do not need advice regarding as you have, from what you have told us, complied with your obligations in respect of that request. Whether a subsequent corrected s. 172 requirement will follow, or whether they will simply drop it out of embarrassment, is anyone's guess.
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Re: Advice needed section 172
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Thanks Andy the police called me back leaving a voicemail saying to reply stating who was driving on the date specified on the form (even though the person on 101 earlier admitted they have a different date recorded to what is on my form). It’s baffling to be honest I can only assume that the police officer who left the voicemail doesn’t realise there is a date discrepancy even though this came to light in my call with them earlier. Thank you for responding so quickly earlier much appreciated.
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Re: Advice needed section 172
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Time to put/get something in writing, I think.

I would respond to the first s172 request by saying that nobody was driving the vehicle at the relevant time/place as it was not driven by anybody at all on that day (provided you are certain of that). Take a copy of your response and get a free certificate of posting from the Post Office.

Make sure you retain the voicemail you have mentioned. Then leave the police to sort out their error.
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  3. Advice needed section 172