Thanks for your kind reply. We have the letter from the duty solicitor which stated 'after the interview, the officers confirmed that no further action would be taken against you in respect of this matter. Last Thursday he received his summons! We are very confused

Thanks for your reply. He did not know that he had allegedly damaged her car until he gave his witness statement. He could not exchange details as she assaulted him whilst he was stationary at traffic lights.

My head's a shed at the moment so ANY help/advice would be greatly appreciated. In September,my son (motor biker) was involved in an altercation with a female car driver. There was an argument but no collision or accident so he drove off. He received a call about 2 weeks later asking him to give a witness statement at the police station,which he did.The driver had reported him, claiming he had damaged her car and assaulted her, which is not true. He received a letter about two weeks from his solicitor informing him that the police were to take no further action and the matter was concluded. He was not arrested, charged or bailed. Also, he has not received a Notice of Intended Prosecution (NIP). He thought the matter was finished with but now received a summons to go to the Magistrates Court on three offenses, failing to stop, failing to give name and address and a section 39 assault. I have found case law that for a prosecution to succeed a NIP is required if the driver is unaware of an accident taking place (Metropolitan Police v Scarlett [1978] Crim LR 234 and Bentley v Dickinson [1983] RTR 356. Does anyone know the procedure, i.e.if a driver was unaware of an accident they should receive an NIP before going to court?