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NIP in a company vehicle
Muggerbee
post Thu, 10 Mar 2011 - 16:06
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hi guys, obviously not my area of expertise but here it is :

My company just received a NIP from the BIB for the following :

Dangerous driving, careless driving and failing to report in a vehicle i was driving, I was advised of the complaint from the drivers wife (not in the vehicle) to my company on the same day and forwarded the following statement to my employers :

At approx xx.xx on the morning of xxth february 2011 I was driving xx Vehicle xx xx xxx a 44 tonne 6 x 2 Tractor unit and triaxle trailer combination unladen.

I left the site at ( xxxxxxxx Street) turning right onto the Axx xxxxxxxxRoad, At the junction with xxxxx xxxx ( a 2 lane traffic light controlled junction to allow left turns into xxxxx xxxx) traffic conditions were medium to heavy, road conditions wet and visibility average for the time of day and year and overcast weather.

I proceeded straight along the Axx ( which reverts to a single carriageway immediately after this junction ,picture attached) keeping a good distance between the vehicle and the kerb due to a combination of an uphill right hand bend and the presence of pedestrians on the footpath whilst maintaining a speed at or about the posted limit easily due to the unladen nature of the tractor/trailer combination.

Approximately 500 metres further along the Axx there is a traffic light controlled 2 lane junction with xxxxxxxxx road, as I approached this junction the lights changed to green and I used the right hand lane to continue, as there were vehicles indicating to turn left into xxxxxxxxxx road. Immediately after the traffic lights there is a road marking instructing traffic in the outside lane to move left, I complied with this before the road width reduced.

At this point i became aware of a dark coloured Smart car attempting to overtake me in this hazardous position, I therefore reduced road speed in order to allow the driver to complete this dangerous manoeuvre before they further endangered themselves or oncoming traffic. However the driver swerved sharply in front of my vehicle causing me to brake. I gave a single short blast on my horn to warn the driver of my proximity and resumed normal driving, at a point further down the road the driver of the Smart car began weaving, put on the vehicles hazard lights and gesticulated in an aggressive manner for me to pull over. As per standard advice I locked the drivers door of my vehicle (passenger side already locked) and when the other vehicle pulled over I overtook in order to avoid the potential violent confrontation that the mannerisms suggested. The vehicle then followed me for several hundred metres before i lost sight of it at xxxxxxxxxx.

The assertion of the other party was that i wiped out the side of his smart car and forced him into oncoming traffic on an uphill right hand bend on a single carriageway .

Obviously, in my opinion, this muppet tried to pull off an overtake in a car with about as much power as a mouses fart and seriously mucked it up. My employer has now had to give the plod my details, so whats the next course of action ??

Cheers

This post has been edited by Muggerbee: Thu, 10 Mar 2011 - 16:08


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post Thu, 10 Mar 2011 - 16:06
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The Rookie
post Thu, 10 Mar 2011 - 20:18
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Sue him for what exactly? If there was a collision and he tried to get you to stop and you didn't, he is well within his rights to do what he has done.

Simon


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Muggerbee
post Tue, 15 Mar 2011 - 14:34
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Simon

basically he tried a stupid manoevure, screwed it up and now wants to blame me .. as such his accusation is malicious and with intent to cause me harm and distress, he is also "publishing" a statement that may cause any right minded person to think less of me (libel) ,

okies, it wasn't a nip the company got , it was a S172.. just got mine now , obviously i don't want to make it easy, so do I Have to provide my DL number ? it only says should on the form.. Also . the road name is wrong, unless I had 2 contretemps in 5 minutes ?? , is that relevant ? if so , should I stay quiet ??

Cheers

x

This post has been edited by Muggerbee: Tue, 15 Mar 2011 - 14:36


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peterguk
post Tue, 15 Mar 2011 - 15:00
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QUOTE (Muggerbee @ Tue, 15 Mar 2011 - 14:34) *
Also . the road name is wrong, unless I had 2 contretemps in 5 minutes ?? , is that relevant ? if so , should I stay quiet ??


How "wrong" is the road name?


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jobo
post Tue, 15 Mar 2011 - 15:03
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your going the right way to mess up a reasonable defence

if it can be shown he has made a false aligation then thats a criminal matter, not libel

and of course you did fail to stop, even if yoiu do have a stat defence, you still didnt stop

indeed, how wrong is the road name,,

This post has been edited by jobo: Tue, 15 Mar 2011 - 15:06


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jobo

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Muggerbee
post Tue, 15 Mar 2011 - 15:08
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QUOTE (peterguk @ Tue, 15 Mar 2011 - 15:00) *
QUOTE (Muggerbee @ Tue, 15 Mar 2011 - 14:34) *
Also . the road name is wrong, unless I had 2 contretemps in 5 minutes ?? , is that relevant ? if so , should I stay quiet ??


How "wrong" is the road name?


well lets say if my reading of the situation is correct, the incident took place on "oxford road" which leads onto " whitney new road" and the s172 states the location as "whitney old road" which does exist but is another mile along ?? made up roads btw :-)

This post has been edited by Muggerbee: Tue, 15 Mar 2011 - 15:09


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jobo
post Tue, 15 Mar 2011 - 15:11
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does it say the A333, whitney road,, did you drive on to whitney old road during your journey


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jobo

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Muggerbee
post Tue, 15 Mar 2011 - 15:17
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it says " is alleged to have committed the following offence (s) at "whitney old road oxford" .. just checked the maps and that road does terminate at a junction on my route about a mile further from where my reading of the incident was, however i would not have used it at any point , also the vehicle is sat tracked and logged.

Am i right in assuming that if i talk to the BIB to give them the full statement of events without actually tipping them off that the location is wrong then if they do go ahead I've got a pass ??

This post has been edited by Muggerbee: Tue, 15 Mar 2011 - 15:24


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Muggerbee
post Tue, 15 Mar 2011 - 16:03
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QUOTE (jobo @ Tue, 15 Mar 2011 - 15:03) *
your going the right way to mess up a reasonable defence

if it can be shown he has made a false aligation then thats a criminal matter, not libel

and of course you did fail to stop, even if yoiu do have a stat defence, you still didnt stop

indeed, how wrong is the road name,,


Jobo . sorry missed this , you were in mid edit :-) his wife phoned up my company and told them i was all sorts of a charlie uniform, and also emailed them with the same allegations , re the failure to stop, i was in fear of physical violence from the aggressive actions of the car driver, was not aware of any accident (and thinking on, i'm wondering if i'm being used to claim for some previous damage, as there wasn't a mark on my very grubby vehicle) and the following vehicle disappeared about 500 yards from the police station, on the same road !, i'm actually a very courteous and proffessional driver and spend so much time looking in my mirrors i get neck strain, so still can't believe i had an accident without being aware !!


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Muggerbee
post Fri, 18 Mar 2011 - 16:42
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So, send off the s172 in 3 weeks then wait and see ??


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Glacier2
post Fri, 18 Mar 2011 - 16:54
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Have you received your own personal S172?
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Muggerbee
post Fri, 18 Mar 2011 - 16:58
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Yep :-( sat on the desk in front of me .. dated 14 march




[img=http://img31.imageshack.us/img31/584/s172side1.th.jpg]


[img=http://img197.imageshack.us/img197/5955/s172side2.th.jpg]


This post has been edited by Muggerbee: Sun, 20 Mar 2011 - 10:45


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jobo
post Fri, 18 Mar 2011 - 17:01
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QUOTE (Muggerbee @ Tue, 15 Mar 2011 - 15:17) *
i

Am i right in assuming that if i talk to the BIB to give them the full statement of events without actually tipping them off that the location is wrong then if they do go ahead I've got a pass ??


im in two minds if you should play clever with them or not,, as you were never at the named location


does the other wromg location share the same A road number,, is this A road number quoted on the nip,,


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jobo

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Muggerbee
post Fri, 18 Mar 2011 - 17:09
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different A road number, and A road number not quoted on the s172 request, the timing of the alleged offence would have made it near impossible to be at the location stated.. i know what you mean by playing clever but i'd rather have that one in the bag as an impossible locus if it goes to the beak.. obviously if i say it now then it's a no brainer to get the tippex out on a 172 but if it's on a nip or a summons then it's open warfare :-)


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jobo
post Fri, 18 Mar 2011 - 17:19
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im not sure it, works that way,,, if you give a statment that the events happened, abet in a slightly different way to his version, a slightly different location isnt going to save you in court, i least i dont thing so ? though it could be used to tey and discredit the other driver

if you send the 172 back saying never been there, then they will need to establish the correct location and reissue or indeed charge you with the 172 offence or drop it

or you just play it sttraight and try and get the coppers onside

id be tempted to go for b,,, but im less than sure which is best,, see what others think


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jobo

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Muggerbee
post Fri, 18 Mar 2011 - 17:24
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I'm tempted to go for a blend of the two tbh.. the 172 just asks if you were the driver at the time of the alleged offence, not where !! so I have to send the 172 back stating that i was the driver at the time and see what happens from there, i think ?? So it should follow that the BIB request a "chat" after they receive it, then i get my chance to say what happened, however i don't need to give specifics like road names/numbers so that if it does proceed to a prosecution then i've got the locus up my sleeve..


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Muggerbee
post Sat, 19 Mar 2011 - 18:19
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Any other comments chaps ?? also, what is the minimum amount of info I have to give on the S172 ?? from my reading, it's just, yes it was me, here is my name ??? no need for the dl number or phone number or email ???


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jobo
post Sat, 19 Mar 2011 - 19:22
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im not convinced your doing the right thing, as above

i believe that you are iding your self at the stated location, but i havent seen your form,

you need to give reasonable infomation requested re the legal standard of the request, so no, no emails, though id put the dl number on myself


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jobo

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Muggerbee
post Sun, 20 Mar 2011 - 10:47
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Jobo

posted the S172


[img=http://img31.imageshack.us/img31/584/s172side1.th.jpg]
[img=http://img197.imageshack.us/img197/5955/s172side2.th.jpg]


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Muggerbee
post Wed, 30 Mar 2011 - 10:06
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obviously the 172 will be returned at day 28 by SD, any merits to returning it unsigned ??


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Pancras
post Wed, 30 Mar 2011 - 10:11
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QUOTE (Muggerbee @ Wed, 30 Mar 2011 - 11:06) *
obviously the 172 will be returned at day 28 by SD, any merits to returning it unsigned ??

Was the offence in Scotland? If not the 'merits' of returning it unsigned mean they get a fine and 6 points for Failing to Furnish. If in Scotland, they will have the police turning up to visit them.
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