Gary Posted May 3, 2005 Share Posted May 3, 2005 Hi all, Just after some advice really. I got a letter from the police on saturday, a nice start to my bank holiday weekend, stating my registration number and a roadname, time and date last week when i was driving the car. It listed the allegations of "failure to stop, failure to report an accident, careless or inconsiderate driving" however nothing happened and i wasnt involved in any accident and im not a careless or inconsiderate driver. I do remember a kid in the back of a people carrier waving at the car (nothing unusual) and drawing it or so i thought but infact he must have been writing down my numberplate for some reason!! The people carrier then pulled off the road sharply into a parking space and i continued to drive on to work. Thinking back to the whole journey the only thing that happened between the kid taking my licence plate and me driving off from home was the people carrier pulling out infront of me at a junction, not dangerously infront of me but enough to make me hit the brakes. Also my mum was in the car behind me that day and saw no accidents etc Has this sort of thing happened to anyone, is someone trying to pull a fast one as they see me in a nice car and trying to get some money for nothing? Cheers Gary Quote Link to comment Share on other sites More sharing options...
Samurai446 Posted May 3, 2005 Share Posted May 3, 2005 Sounds to me like their trying to get money for nothing Quote Link to comment Share on other sites More sharing options...
Digsy Posted May 3, 2005 Share Posted May 3, 2005 Could you ask what the nature of the accident was (since you obviously havn't been involved in one). Claim suspected "identity theft" or something..? Quote Link to comment Share on other sites More sharing options...
Kopite Posted May 3, 2005 Share Posted May 3, 2005 they can't just do you without any evidence or a valid reason surely? even if the people carrier pulled out and you had to break, it's still not your fault at all as you had right of way. sounds like scumbags if they're tryin to do you for havin a nicer car!! Quote Link to comment Share on other sites More sharing options...
how_supra Posted May 3, 2005 Share Posted May 3, 2005 No evidence and no witnesses.........aside from your mum. I don't think they can prosecute unless they have hard evidence - like a photograph. Quote Link to comment Share on other sites More sharing options...
Gary Posted May 3, 2005 Author Share Posted May 3, 2005 Thanks for the replies, im guessing they could have some damage on their car if they can't reverse park or something and trying to claim for it through me saying i hit the back of them? On the letter it said i can give an explanation on the reverse of the form if i wanted to, so i just said i have no idea what this is about and await further details of the allegation. It just seems weird that if they actually thought i hit them, which i obviously didnt, the first thing i would have done if it was me who got hit would be to stop, get out and check for damage but they did none of this. The fine according to the letter is £1000 + points, i dont see how this can go ahead with no evidence? Quote Link to comment Share on other sites More sharing options...
Alex Posted May 3, 2005 Share Posted May 3, 2005 Take lots of photo's of your car. Showing it has no damage. Date stamp them by photo'ing a newspaper or something like that in the same shot. Then if they say you hit their car then you can show you had no damage to your car...and obviously your mum will back you up too. Ask for details, politely, of the alledged offence. Quote Link to comment Share on other sites More sharing options...
mr_maj Posted May 3, 2005 Share Posted May 3, 2005 Sounds very dodgy, go down to your local cop shop and ask them to shed some light on this matter? Quote Link to comment Share on other sites More sharing options...
Kopite Posted May 3, 2005 Share Posted May 3, 2005 yeah there's no harm in asking them for advice, sounds a bit suss all this doesnt it! any other supes out there with copies of your plate Quote Link to comment Share on other sites More sharing options...
Supragal Posted May 3, 2005 Share Posted May 3, 2005 Similar thing happened to my mum.. only I think it was an insurance company. She got a letter through saying that a claim was being made against her regarding x accident on x date in x car... only it wasn't her car, no accident etc etc. It did take ages to sort out, they wouldn't let it go easily! Quote Link to comment Share on other sites More sharing options...
Ian R Posted May 3, 2005 Share Posted May 3, 2005 I would go down the cop shop and show them the NIP. At the same time get them to visually check over the car and ask them to make a statement to the effect that there is no visual damage to the car. Quote Link to comment Share on other sites More sharing options...
Gary Posted May 3, 2005 Author Share Posted May 3, 2005 Thanks for the replies and good advice, i will take pics and await further details of the notice to see exactly what the alleged incident is. I may take it to the police station but dont want them to get funny about my number plate, i have trimmed some edging off a standard plate, legal sized letters on correct background etc so i hope its ok. (sorry dont have pics) Do you think i should get a new front plate until this is all sorted? Its not the first time i've been caught up in dodge incidents, both now not my fault!!! A few years back someone hit the rear of my car at a junction, was a 1990 escort (the year, not engine size) then drove off and i followed to get the plate and get them to stop but they wouldnt, the details went through police and legal cover on to find out they didnt have insurance, the happy ending was that i got £2500 for whiplash which started the supra fund! Quote Link to comment Share on other sites More sharing options...
Jive Posted May 3, 2005 Share Posted May 3, 2005 The people carrier then pulled off the road sharply into a parking space and i continued to drive on to work. When did this happen, was it after the carrier pulled in front of you? Do you remember looking back after that had happened and saw the driver getting out (inspect any damage)? How long ago did the accident happen before getting notice, just saying this as if you goto the police and say "look no damage" they could turn round and say "two weeks have passed, you've been to a garage and got it fixed" - you know what they're like. Quote Link to comment Share on other sites More sharing options...
Class One Posted May 3, 2005 Share Posted May 3, 2005 Definition of an Accident as defined by sec 170 of the Road traffic Act 1988. " If owing to the presence of a mechanically propelled vehicle on a road or other public place , an accident occurs whereby injury is caused to a person other than the driver or damage is caused to vehicle but not that vehicle or trailer, animal but not in that vehicle or trailer or property constructed on/fixed to/growing or forming part of the land of the road or propery adjacent to it." Drivers responsibilities following an accident. He shall: A) Stop and B) If required to do so by any person having reasonable grounds for do so, give i) His name and address ii) The name and address of the owner; and iii) The identification mark of the vehicle. C) If the driver does not for any reason give his name and address he must report the acident. However the Driver must know that he was in an accident and it is for the prosecution to prove beyond reasonable doubt that driver driver knew at the time of the accident. Quote Link to comment Share on other sites More sharing options...
Gary Posted May 3, 2005 Author Share Posted May 3, 2005 Jive - it was a week ago today the alleged incident happened, i got the notice saturday morning. I understand what you're saying about them being funny about the timescale and me having time to repair bumper etc hopefully it wont come to that! I had been on the same road as the people carrier for about 10 mins before they pulled to the side, i only remember the car as it had this kid in the back waving, but this was nearly 10 minutes after i first saw the car, but as there was no accident or contact with their car i thought he was just waving at the car! I didnt see anyone inspect the damage, shouldn't they have stopped at the time if for some reason they thought i hit them? I didnt think any more of it until i got the letter through in the post! Class one - good post, so if the other driver believed there was an accident it seems strange they didnt stop at the scene but continued on for 10mins before stopping? Plenty of places to stop! Its crazy if they even think of putting a case together to prove i knew of the accident as there wasnt even one! You can't make contact with another car and not know about it, im innocent your honor! Quote Link to comment Share on other sites More sharing options...
Scoboblio Posted May 3, 2005 Share Posted May 3, 2005 It's a strange one, but I'm sure it will all get sorted out, like it's been said it's up to the prosecution to prove you know you were involved in an accident. BTW is it normal for the police to issue a NIP for something like this, without first investigating the matter? The alleged offenses on the NIP are serious, yet no-one has even spoken to Gary about it. Does this mean I can make up some random crap about being the victim of an accident that didn't happen, and have a NIP sent to the house of someone I simply don't like? Quote Link to comment Share on other sites More sharing options...
Class One Posted May 3, 2005 Share Posted May 3, 2005 The Notice of Intended Prosecution part will be for the Section 3 Offence "Driving without due care and consideration" or where an accident is so minor the driver will not be aware of it occurrence then an NIP will have to be served. Dont forget, an NIP does NOT necessarily mean a prosecution is in the offing it means there is an intention. There is a time limit of 6 months for the offence(s) to be prosecuted (although this can be extended), but you need to know what it is all about. I would suggest filling in the form, admit nothing and seek independent legal advice. If its going to go to court get your solicitor to apply for disclosure. Quote Link to comment Share on other sites More sharing options...
SupraPito Posted May 3, 2005 Share Posted May 3, 2005 you've had some good advice already but do three things: 1. write down everthing that happened, especially the kid waving as this just puts real doubt on their story. Do take photos of your car and be clear about where you first saw the people carrier and where you last saw it and record everything that happened in between. Take a statement from your mum. 2. Do visit your local police station and ask them about this notice of intent and record (written or otherwise) the response they give you 3. Do get some FREE advice from a Duty solicitor or other solicitor, usually the first half hour is free. Its all a lot of effort but worth it in the end. If you can show absolutely factual clarity you should be fine. good luck Quote Link to comment Share on other sites More sharing options...
Digsy Posted May 3, 2005 Share Posted May 3, 2005 ...and when its done and dusted maybe you can sue them for defamation of character? Quote Link to comment Share on other sites More sharing options...
paulfurn Posted May 3, 2005 Share Posted May 3, 2005 Im sat here shaking my head at this entire thread. I cant believe that somebody can actually serve a notice such as that without investigating it first. At least check the car FFS? And I cant believe that some pikey cunt actually has the audacity to put someone through this stressful rigmorol. I hope you get it sorted mate, I hate reading stuff like this Perhaps, as Digsy says you can have the last laugh..... Quote Link to comment Share on other sites More sharing options...
Gary Posted May 3, 2005 Author Share Posted May 3, 2005 Thanks for the replies everyone, i will take photos and get some legal advice and be prepared for whatever is in the next letter! It was so strange to receive the letter in the first place, luckily it didnt get binned with the other credit card junkmail as it mentioned a £1000 fine for not replying within 30 days! Quote Link to comment Share on other sites More sharing options...
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