What evidence is required and what are the defences for driving without due care and attention

[equinox99]

Following an accident, police notified of prosecution for driving without due care and attention. As no-one was present it seems to me that there can be no evidence to support this - any thoughts?

[Grunty]

The police are saying that there is a possibility that your driving fell below the standard expected.  Although they do not really have to send a notice in the case of an accident, they are being fair to you by letting you know as soon as possible.  This gives them time to make a decision, perhaps also getting advice from the Crown Prosecution Service, and they will need to interview any witnesses.  They can then either issue a summons or withdraw the notice.

It's not really possible to comment on the circumstances without knowing a bit more.  You say that nobody was present, so maybe some roadside property was damaged.  That also counts as an accident, and you may receive a bill from the owner.  If you might claim against your insurance, you should report the accident to them as soon as possible.

[landie]

In cases where the offender is not stopped and cautioned at the roadside, the police authorites must send an NIP (Notice of Intended Prosecution) within 14 days. I believe it gives you the opportunity to respond with any defence or mitigating circumstances, but it seems that thet are about to prosecute.