GDR Breach - Driving without due care & attention - 14 days

[ol]

Hi,

I have just received a letter from Northumbria Police, asking for 'further information to identify driver of vehicle' which alleges that the car with my numberplate has committed the offence of "Drive a mechanically propelled vehicle on a road / public place without due care and attention at *Road name*"

The letter arrived at my house on Wednesday 14th October 2020, and the offence is alleged to have taken place on 3rd September 2020, ie almost 6 weeks before I got the letter. I thought this had to be sent within 14 days of the incident...

The next paragraph states:

"A request for information together with a notice under section 172 of the Road Traffic Act 1988 was recently posted to you requested you to provide information relating to the identity of the driver at the time of an alleged offence as described above. The notice allowed 28 days for the information to be supplied however to date an adequate response has not been received."


- This is the first letter I have had about this matter. Is there a way for me to find out when they sent the original letter that never arrived?

- Is "driving without due care and attention" a catch all, or does this relate to something specific?

- In the same envelope as this letter, they have sent me another letter addressed to someone else, at a different address, saying the same things. Obviously this is a serious breach of GDPR, and I wonder if they can make mistakes like this, they might have sent my original letter to somebody else?!

Any advice would be appreciated.

[Bigends]

Is your car registered to your address or is it a company or lease car. ?

[ol]

Bigends said:

Is your car registered to your address or is it a company or lease car. ?

It's addressed to me at my home address - it's a personal car.

[anonymous-user]

Not sure I'd call it a 'serious' breach of GDPR.

[Mojooo]

RonaldMcDonaldAteMyCat said:

Not sure I'd call it a 'serious' breach of GDPR.

Letter posting without due care and attention one might say.

[anonymous-user]

Mojooo said:

Letter posting without due care and attention one might say.

Yes, below the standard expected of a careful and competent ticket office.

[anonymous-user]

If you wish to test the “serious breach of GDPR” hypothesis, you want this lot

https://ico.org.uk/make-a-complaint/

Do keep us posted.

[Macneil]

OK...what's your beefthough? If you care about GDPR then report it as such because you received someone else's letter. Not a massive breach, only one person got one other person's details, unless it's happened all over the county.

You don't appear to be threatened with a further penalty, just a stern reminder. So no harm no foul.

If you are threatened with a penalty because you didn't reply rather than for the offence the driver of your car committed, then you could well contest it and your receipt of the other driver's letter would support that the ticket office are a bit sloppy and could have sent your letter to someone else.

So that just leaves you with the burden of identifying the driver

[agtlaw]

ol said:

Hi,

I have just received a letter from Northumbria Police, asking for 'further information to identify driver of vehicle' which alleges that the car with my numberplate has committed the offence of "Drive a mechanically propelled vehicle on a road / public place without due care and attention at *Road name*"

The letter arrived at my house on Wednesday 14th October 2020, and the offence is alleged to have taken place on 3rd September 2020, ie almost 6 weeks before I got the letter. I thought this had to be sent within 14 days of the incident...

Served, not sent.

If "an accident" occured then you thought wrong.

See section 1 RTOA for the rule and section 2 for exceptions to the rule.

[ol]

anonymous said:

[redacted]

I don't know what 'it' is! I don't use my phone when driving, and don't consciously speed, so not sure what driving without due care and attention refers to.

[ol]

agtlaw said:

ol said:

Hi,

I have just received a letter from Northumbria Police, asking for 'further information to identify driver of vehicle' which alleges that the car with my numberplate has committed the offence of "Drive a mechanically propelled vehicle on a road / public place without due care and attention at *Road name*"

The letter arrived at my house on Wednesday 14th October 2020, and the offence is alleged to have taken place on 3rd September 2020, ie almost 6 weeks before I got the letter. I thought this had to be sent within 14 days of the incident...

Served, not sent.

If "an accident" occured then you thought wrong.

See section 1 RTOA for the rule and section 2 for exceptions to the rule.

There was no accident. I really can't think what it could relate to. I guess I just fill in the form and find out.

The point of the post was really around how I find out what happened to the first letter, as this is the first I have heard about it, and it relates to something that happened 6 weeks ago

[ol]

Macneil said:

You don't appear to be threatened with a further penalty, just a stern reminder. So no harm no foul.

...So that just leaves you with the burden of identifying the driver

Surely the whole point of them sending this is that I AM being threatened with further penalty? I just dont know what it could relate to.

[anonymous-user]

It could be anything, from a mix up, to cloned plates, to an incident you were involved in or alleged to be involved in but know nothing about.

[Far Cough]

Some dash cam road warrior has probably dobbed you in for some minor indiscretion.

[megaphone]

I'd fill out the form and send it back, maybe put a note with it saying the 1st letter never showed up.

I'd also put the letter addressed to the others in the same envelope and put a note on that explaining why.

[BertBert]

ol said:

I don't know what 'it' is! I don't use my phone when driving, and don't consciously speed, so not sure what driving without due care and attention refers to.

ah the beautiful irony! Perhaps you weren't paying enough attention to know what it refers to
It'll be interesting to find out. Please come back and let us know to assuage our curiosity!

[ol]

BertBert said:

ol said:

I don't know what 'it' is! I don't use my phone when driving, and don't consciously speed, so not sure what driving without due care and attention refers to.

ah the beautiful irony! Perhaps you weren't paying enough attention to know what it refers to
It'll be interesting to find out. Please come back and let us know to assuage our curiosity!

Irony indeed, but I generally pay attention when I'm driving so really can't imagine what I've done! My commute is about 10 miles each way, and we live in the middle of nowhere so no police around here. I don't even have a fast car at the moment. Will send it back and see what happens

[Krikkit]

Out of interest, was the time and place named somewhere you were likely to be?

Interesting to see what they found if you weren't using a phone etc and driving normally. Maybe they saw you looking down at HVAC controls and assumed it was a phone use?

[Chrisgr31]

I think I would wait for one of the forums lawyers to comment before responding mainly to avoid incriminating yourself.

My basic understanding is that you are obliged to respond to a notice requiring details even if it is served late, which potentially it was in this case.

But I suspect you also need to point out the first letter never arrived. Without knowing what the accusation is I assume a reply along the lines of I am the only driver of this car but am unaware of any incidents would be best and then wait to see what happens.

[BertBert]

Krikkit said:

Interesting to see what they found if you weren't using a phone etc and driving normally. Maybe they saw you looking down at HVAC controls and assumed it was a phone use?

Why phone? If it was phone, then it'd be a phone offence surely?

Chrisgr31 said:

But I suspect you also need to point out the first letter never arrived. Without knowing what the accusation is I assume a reply along the lines of I am the only driver of this car but am unaware of any incidents would be best and then wait to see what happens.

I don't think you need to point out the first letter didn't arrive and I don't think that saying whatever it was it wasn't me at this stage is particularly helpful either. If you need to respond which it looks like you do and you were the driver at the time, then just say so.
Bert