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[NIP Wizard] - Failure to leave details in a car park when I did leave them
lollipop11
post Sun, 1 Dec 2013 - 12:16
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I clipped a car recently in a retail park car park where the car was parked quite far over in its space. It was dark but there were lamp posts so I had a good look and there didn't appear to be any damage, just a bit of plastic dust from my bumper (which has a tiny scratch on it now). I gave the other car a good wipe down and the dust came off so I thought it was fine. However, I thought I'd wait to see if the owner came back for me to inform them out of courtesy and just in case - seeing as it was dark. I couldn't see anyone coming and it was cold so thought I'd pop in the shop where I needed to buy things and hopefully catch the owner on my way out.

When I returned, the owner was still nowhere to be seen, even though I had been a while. I was a bit unsure what to do. I had another good look at their bumper, couldn't see any damage. I was getting cold and had assumed they must be an employee at one of the shops as it had been quite some time by now so I decided to go and get pen and paper and write a note for the owner. When I came back, the car had gone. I went into the shop we had both been parked outside and handed in the note and took the name of the staff member I gave it to.

A few days later, I received an NIP with 3 offences on it
1. Failure to stop
2. Failure to leave details
3. Careless driving

I phoned the police as soon as I received the NIP and explained what happened and the officer I spoke to told me not to worry too much as it was just a standard process to list those 3 offences and just to return the forms with a statement explaining what had happened and that I had left my details. However he also said (understandably) that he couldn't adviss if that would be enough to prevent prosecution. He also told me I should have phoned them anyway after it happened. This seems contradictory to what they had told me in the past when another driver hit me and injured me, left my car almost a write off and when I phoned the police they refused to attend and told me they didn't need to know about it as it was a matter for my insurance company to sort out.

What really puzzles me is that the NIP had my details and reg number but gave a possible time of all day and two possible locations - one that I'm guessing is the person's work address if they were there all day, and a shop down the other end of the retail park I was parked in. Surely if they have my reg number, they either did get my details from the shop and are lying or somebody saw and gave them my details. Either way, something seems a bit fishy to me if they knew it was me but were so vague about the time and location.

My questions are:
1. Is there a 'best way' to provide the ststement? Do I give a brief account or shall I give a detailed account of everything as it happened?
2. Is it normal to have the reg number but not know the time and location?
3. Am I entitled to ask how they have my reg number? (So, if it was from the details I left I can prove I did leave my details)
4. Does it seem a bit fishy to you? I'm wondering if maybe they've had another bump that they're going to try and take advantagd of me over (seeing as they named a shop at the other end of the car park and a location I never been to and a time period of almost 12 hours)
5. Can I be prosecuted for any of the offences seeing as the car was poorly parked, I was at the scene for almost an hour, and left my details with the shop?

Any other advice or info before I post my response would be much appreciated.

Thank you

ETA The police force is Thames Valley - I don't know it this is info you might need as I know different forces can take different approaches.

This post has been edited by lollipop11: Sun, 1 Dec 2013 - 12:34
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post Sun, 1 Dec 2013 - 12:16
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The Rookie
post Mon, 2 Dec 2013 - 14:15
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Hardly as soon as possible then.....

All a bit off topic though, the key issue was the reporting....


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jobo
post Mon, 2 Dec 2013 - 14:19
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QUOTE (The Rookie @ Mon, 2 Dec 2013 - 14:11) *
QUOTE (jobo @ Mon, 2 Dec 2013 - 13:52) *
the LAW says report AT a police station, not TO a police station. that seems to be location specific to me ?

The information will be reported at the station, does that require the reporter to be there?

And S172 reply is provided at a Police station without the supplier being there......


and a quick read of 172 indicates it doesnt include any reference to the status of the location of the reply,


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Jimzzr
post Mon, 2 Dec 2013 - 15:07
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QUOTE (Pete D @ Mon, 2 Dec 2013 - 10:40) *
"I have mentioned several times, when somebody drove into me, and it was a fairly serious crash, I phoned TVP and they told me that there was no need to inform them."

Yes but you most probably both stopped and exchanged details. Thus no requirement to report the accident. Pete D


No, if you read the OPs post you will see it was an injury accident. Thus there was a requirement to report, and the police were wrong to give him/her the bum's rush (assuming they were made aware of an injury - and they should have asked IMHO).
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The Rookie
post Mon, 2 Dec 2013 - 15:28
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Where was the injury? Have you read the thread?


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sgtdixie
post Mon, 2 Dec 2013 - 15:48
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I believe there is case law to say a phone call is not sufficient. Stopping a cop in the street would be sufficient but if that isn't done you must go to a Police Station as Jobo says (nice to have him back BTW).

Irrelevant here. I believe all the offences are made out but the public interest/can't be arsed test may well suggest the insurance companies will be left to sort it out.
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Jimzzr
post Mon, 2 Dec 2013 - 17:08
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QUOTE (The Rookie @ Mon, 2 Dec 2013 - 15:28) *
Where was the injury? Have you read the thread?


In the OP's opening post

"This seems contradictory to what they had told me in the past when another driver hit me and injured me, left my car almost a write off and when I phoned the police they refused to attend and told me they didn't need to know about it as it was a matter for my insurance company to sort out."

Note PeteD was writing (and hence my reply is) in relation to the OP's earlier accident that TVP weren't interested in.
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crashdetective
post Mon, 2 Dec 2013 - 17:25
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Given that so many police posts are no longer manned, I would suggest that (if) there is case law to say that a phone call isn't sufficient, it wouldn't get past the can't be arsed test.

OP, you have to ask if the Magistrates would accept your account, or would they just draw a conclusion that dialling 101 shows much more likelyhood of an honest person in these times of mobile phones?

I bet most people on this board have had their car hit in a car park at some time or another. How many offending drivers really leave a note? It's funny because most claim they have when(if) caught and that's the hurdle you would have to overcome. Reporting it to police by phone leaves you in a much stronger position to prove your honesty.

Live and learn.
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southpaw82
post Mon, 2 Dec 2013 - 17:46
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Jesus people. This is not a free for all discussion for pedants. If you want to do that go to the Flame Pit.


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The Rookie
post Mon, 2 Dec 2013 - 19:59
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QUOTE (Jimzzr @ Mon, 2 Dec 2013 - 17:08) *
QUOTE (The Rookie @ Mon, 2 Dec 2013 - 15:28) *
Where was the injury? Have you read the thread?


In the OP's opening post

"This seems contradictory to what they had told me in the past when another driver hit me and injured me, left my car almost a write off and when I phoned the police they refused to attend and told me they didn't need to know about it as it was a matter for my insurance company to sort out."

Note PeteD was writing (and hence my reply is) in relation to the OP's earlier accident that TVP weren't interested in.

OK, thought you were talking about the incident in Q and on topic.....


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Mattd
post Tue, 3 Dec 2013 - 11:10
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QUOTE (jobo @ Mon, 2 Dec 2013 - 13:46) *
QUOTE (Mattd @ Mon, 2 Dec 2013 - 13:28) *
When I have had similar a minor bumps rather than mess around if there has been no one at scene to give details to I haversng in on 101, explained the circumstances giving all relevant detail and explaining I am making my way to a police station. That stands in good stead in case as you drive off a Good Samaritan rings in to say you at leaving the scene having not bothered to approach you. It's a pity we feel the need to cover ourselves so much these days but we do.


matt its my interpretation of the law that you must attend the station in person, rather than ring, do you agree

though it does say you can give your details to a constable, so perhaps you could ring, as long as you ensure you are put through to a real policeman and not be dealing with a civilian ?


I agree (and welcome back!) I think the legislation envisaged and actual report at a station. I suppose another example of technology moving quicker than legislation.
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Jimzzr
post Tue, 3 Dec 2013 - 18:04
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QUOTE (The Rookie @ Mon, 2 Dec 2013 - 19:59) *
QUOTE (Jimzzr @ Mon, 2 Dec 2013 - 17:08) *
QUOTE (The Rookie @ Mon, 2 Dec 2013 - 15:28) *
Where was the injury? Have you read the thread?


In the OP's opening post

"This seems contradictory to what they had told me in the past when another driver hit me and injured me, left my car almost a write off and when I phoned the police they refused to attend and told me they didn't need to know about it as it was a matter for my insurance company to sort out."

Note PeteD was writing (and hence my reply is) in relation to the OP's earlier accident that TVP weren't interested in.

OK, thought you were talking about the incident in Q and on topic.....


I don't think missinforming OP's of their legal responsibilities after an accident, on topic or not, is a good thing and needs to be corrected.

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lollipop11
post Mon, 13 Jan 2014 - 11:35
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I thought I'd update this thread just so people would know how things turned out.

I phoned the police and explained what had happened and then, as they advised (and contrary to the advice given by others on this thread), returned the NIP form and enclosed a brief covering letter to reiterate my story. The police wrote back pretty quickly to say that they had decided to take no further action.

In case you're interested, it has since transpired that the driver of the other car, rather than going to their insurer and asking them to deal with my insurers, went to a no-win, no-fee claims company who have put together quite a story alleging a lot of damage. They even tried to claim for ongoing hire car costs, saying the car isn't drive-able although they have since backed down on this because they have been driving the car around quite easily. My insurance company has escalated this claim to an investigation because they feel, as do I, that the claimant is trying it on (possibly with the encouragement of the claims company) to get as big a cash settlement as possible above and beyond that of the value of the actual repairs. We believe they went to the police in order to frighten me into accepting their claim without disputing the degree and cost of damage that they are alleging has occurred. They alleged that they had a witness but so far, no details have been given and no explanation as to why, if they had a witness, they could not be sure of the time or location of the incident. What's also rather convenient is that the value of the claim sits just under the threshold at which the insurers would call the car a write-off.

Obviously I have learned a lesson here - that if it happens again, even when I believe there to be no damage I will either locate the driver and/or call the police myself as well as taking plenty of photographs of the other car.

To those who had already decided I should be hung, drawn, and quartered, perhaps you might want to ease off on people in future and try not to assume the worst about everyone who posts - sometimes people do make honest mistakes without ill-intention, and fortunately my local police service recognised this.

Thanks to those who tried to help rather than passing judgement, I really appreciate it.
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Dwain
post Mon, 13 Jan 2014 - 14:17
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Good news, its a shame the police show no interest in these fraudulent claims though.

As you said innocent mistakes are made, I am certain my wife and kids would not know that accidents had to be reported to the police if details are not exchanged.

Life is a learning experience, if we knew everything it would be boring, you have learnt something. biggrin.gif
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