STW Legal / Traffic Offence Advice please

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STW Legal / Traffic Offence Advice please

34 posts & 24 voices | Started 10 months ago by geoffj | Latest reply from wwaswas

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geoffj - Member

I've just returned from 3 weeks in west wales to find a notice of intended prosecution - Driving without due care and attention

Its alleged that I hit another vehicle (ripping off its wing mirror in the process) as it was parked.
I was definitely in the area at the time of the alleged incident, but I'm 90% certain I wasn't on the road where the collision is alleged to have taken place, and I'm 95% sure that even if I was on that road, that I didn't hit anything with enough force to do the alleged damage, without noticing it - there is also no damage on my vehicle.

Mrs J was in the van with me at the time and she has no recollection of being on that road nor hitting anything either.

In addition to the notice from the police, I've received a letter from the chap who's vehicle I'm supposed to have damaged. He said that the police gave him my address details.

So, in reverse order:

1. Are the police allowed to give out address details in this way?; and
2. What is a sensible plan of action for denying the offence and challenging the prosecution?

TIA

Posted 10 months ago #
scaredypants - Member

look for damage to your van - assuming none (and that you haven't been a naughty boy & fixed it up on the sly), ask police for their evidence ?

Posted 10 months ago #
deadlydarcy - Member

In addition to the notice from the police, I've received a letter from the chap who's vehicle I'm supposed to have damaged. He said that the police gave him my address details.

Fishy!

Posted 10 months ago #
Frankers - Member

in west wales

Fishy!

yep seems about normal

Posted 10 months ago #
Surrounded By Zulus - Member

Dodgy as a bottle of chips.

Posted 10 months ago #
compositepro - Member

I would head on over to pepipoo if I were you it seems this is the latest scam by folks trying to get a payout.Now it seems you don't even need to have been there at all someone takes your reg, has an accident, says you left the scene.Result is you have to prove otherwise

If it were me let it get to court let the c'-t get done for fraud thats after you have contacted the police to see if the letter is legit

Posted 10 months ago #
deadlydarcy - Member

Sorry, might be a silly question but is the NIP kosher? It's not forged is it?

Posted 10 months ago #
compositepro - Member

dd I forgot to add that...my missus had a NIP for speeding in Birmingham ,never been to Birmingham ....POLICE asked if we could send it as it certainly wasn't from them

Posted 10 months ago #
geoffj - Member

Sorry, might be a silly question but is the NIP kosher? It's not forged is it?

Don't know, it looks real. There is a PC number and a CASU Reference Number, I'll have to ring the station tomorrow

I would head on over to pepipoo if I were you it seems this is the latest scam by folks trying to get a payout.Now it seems you don't even need to have been there at all someone takes your reg, has an accident, says you left the scene.Result is you have to prove otherwise

If it were me let it get to court let the c'-t get done for fraud

Cheers - just registering for pepipoo

Posted 10 months ago #
thegreatape - Member

In light of what compositepro said about a fake NIP, which is a new one to me, I'd be inclined to check with the police first that it is real.

I'd also be trying to find out from them what it's all about, although I'm not sure talking to the police about it would be what a lawyer would advise.

Do you have legal cover with your car insurance that you could seek advice from?

Finally, with respect to pepipoo, just be mindful that while plenty of people on there do know what they're talking about, not all of them do, which should be borne in mind.

Posted 10 months ago #
compositepro - Member

Only mentioned pepipoo because there have been 2 very similar post on there today...it just sounded odd that all of a sudden someone on here has a similar story

Posted 10 months ago #
b r - Member

I'm 95% sure that even if I was on that road, that I didn't hit anything with enough force to do the alleged damage, without noticing it - there is also no damage on my vehicle.

But you don't actually say that you didn't hit a car...

But tbh I clip mirrors all the time (commute on a m/c); be a bit ar5ed if I got a driving without due care and attention rap.

Posted 10 months ago #
easygirl - Member

1,phone the station tomorrow and confirm the nip is kosher, tell the officer waht happened, it may be that they dont prosecute,
2, the police are allowed to assist motorists with details of 3rd parties when there is an rtc
3, speak to the other motorists insurance company, not the driver

If its a plain case of clipping wing mirrors, highly unlikeley you will be prosecuted, the police have become involved because you didnt stop at the scene of an accident

Posted 10 months ago #
deluded - Member

My advice would be to take it to a station and let an officer look at it to confirm its a genuine, legitimate document (as has already been advised). If it is, comply with the terms of the NIP – this isn’t an admission of guilt. It’s been awhile since I’ve been on that side of policing but I can’t imagine for one moment that the police would have disclosed your name & address at this stage. I’d bow to easygirl's knowledge on that one though.

Be aware that you can obtain the keeper details of a registered vehicle from DVLA if you can demonstrate ‘reasonable cause’ for needing the information. The DVLA consider the reasons why you need the information and how it will be used before the information is passed over.

All the best.

Posted 10 months ago #
johnners - Member

tbh I clip mirrors all the time (commute on a m/c); be a bit ar5ed if I got a driving without due care and attention rap

Are you doing it on purpose then?

Posted 10 months ago #
geoffj - Member

Any more for any more?

Posted 10 months ago #
toys19 - Member

just waiting for the outcome really, have you had any luck on pepipoo?

Posted 10 months ago #
coffeeking - Member

But tbh I clip mirrors all the time (commute on a m/c);

WTF is the matter with you? Need your eyes testing? Get a mail order driving license?

Posted 10 months ago #
geoffj - Member

Tried to speak to the plod looking after the case but he's not back on shift until tomorrow.

Thinking about it logically, the only explanation I can come up with is that someone with a similar van to mine has hit this bloke's car, they've not ID'd the van at the scene, but have driven up to the bypass to look for it, seen my van and recorded the number there and then.

Posted 10 months ago #
toys19 - Member

I had a similar thing 15 years ago where an old geezer reported me for overtaking on double whites and speeding through a village (150 miles from me).

A copper tracked me down about 6 weeks after it had been reported, out of the blue! Coincidentally I remembered the whole incident and this guy had been doing 15 mph through the village, so I waited for the double white lines to finish and overtook legally, he flashed an beeped. Big deal.

In the end it was his word against mine, no other witnesses, so no action. Do you have any witnesses to back you up? The other guy will probably have found someone to back him up by now..

Posted 10 months ago #
Macinblack - Member

I'd be amazed if you got prosecuted for due care under these circumstances, failing to stop/report isn't covered by NIP and if you weren't aware of the collision then what could you do? When you speak to the cop ask them what the evidence is. If you're sure it wasn't you then without CCTV or a bucketful of witnesses I'd rst easy.

Posted 10 months ago #
john_drummer - Member

and of course there's the slightly more sinister explanation - someone is driving round in the alleged vicinity with a copy of your number plates...

Posted 10 months ago #
kenneththecurtain - Member

WTF is the matter with you? Need your eyes testing? Get a mail order driving license?

I've done it on the motorybike before if a driver has been a nob and cut me off when filtering.

Seems odd to be doing it all the time right enough.

Posted 10 months ago #
Kato - Member

The offence is failing to report and failing to stop. There's no way you could get stuck on for due care unless it was witnessed by the police, who would have stopped you there and then

Proper fishy

Posted 10 months ago #
geoffj - Member

So, just been interviewed by the Police and charged with failing to stop and failing to report. I'm happier with that, because the driving without due care charge could only have been made worse by me standing up in front of the beak and saying I don't remember anything about it.

I've had an inspection report on my van, showing no damage. Lets see what the Heddlu have to say now.

Posted 8 months ago #
project - Member

But youve had time to get the damage repaired havent you.

Posted 8 months ago #
mikewsmith - Member

Had a wing mirror clip in Cumbria and the generally don't even bother with Failing to Stop on wing mirrors as there is no point.

If it wasn't you then would probably try and defend it. Not a mark on your vehicle is a start.

Posted 8 months ago #
konabunny - Member

I know nothing about the topic but I'm really surprised it's got that far for such a minor charge with (apparently) no evidence apart from a complainant's statement.

However, at this point you'll surely be wanting advice from someone who deals with this stuff for a living?

Posted 8 months ago #
wrightyson - Member

Missed this the first time round. Any news on how the bloke got your address?? Didn't think the police could just dish out addresses like that!!

Posted 8 months ago #
missingfrontallobe - Member

How old is the NIP?? Doesn't it need to have been issued within 14 days of offense? Maybe find
a local solicitor specializing in traffic law if plod say it is genuine NIP.

Posted 8 months ago #
Cougar - Member

I've spent an amount of time in small town Wales. I'll bet dollars to donuts that the driver and the copper are drinking buddies.

Posted 8 months ago #
geoffj - Member

However, at this point you'll surely be wanting advice from someone who deals with this stuff for a living?

Indeed.

Apparently no NIP is required for failing to stop/disclose.
I'll be on to my insurance provided legal eagle on Monday.

Posted 8 months ago #
geoffj - Member

Just received the magic letter from Welsh Plod (or should that be Plod Welsh?)

I refer to the above and write to inform you that the police will take no further action in this matter.

I had to chase the numpties to get the confirmation though.

Now to sort the insurance quote train crash out

Posted 6 months ago #
wwaswas - Member

Now to sort the insurance quote train crash out

yes, just because the DPP aren't persuing it doesn't mean the other guys insurers (and yours) won't come to an arrangement that leaves you out of pocket.

Posted 6 months ago #

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