James Mulligan was hit by the car as he waited at a bus stop

Pensioner Jimmy Mulligan was run down as he waited for a bus in May 2002.

The police arrested two young men, who admitted being in the car, but they were not charged because the police were unable to prove who was behind the wheel.

Mr Mulligan's family collected 8,000 signatures on a petition, which was handed in at Downing Street, calling for a change in the law to close the legal anomaly which meant no-one was charged.

Now the dead man's son, Keith Mulligan, 52, from Felling, said he has had a response to the petition from the government's legal officers.

Legal decisions

Mr Mulligan said: "We have had no reply from Tony Blair, but a letter from Lord Falconer said if we had any suggestions about what might be done to change the law.

"The family feels Lord Falconer is the one who should be making the legal decisions."

Mr Mulligan said his family was all suffering from stress, including his younger sister and brother.

He is hoping Joyce Quinn, MP for Gateshead East and Washington West, may take a more active role when Parliament returns in September.

Mr Mulligan's friend Ivy Clarke, 85, was also injured in the incident.

A spokeswoman for the Crown Prosecution Service said because no-one had yet been charged with the offence the police file remained open.