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Fail to stop - NIP
zarnd
post Tue, 14 Apr 2015 - 16:58
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2015
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A 26 junction with A 27, Lewes Southerham Roundabout
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Company car
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Driver behind me flashed me and was driving close behind as well as waving his arms about. I waved back at him, braked twice to let him in front as I didn't want anything to happen. I could see in my rear view mirrors that the passenger seemed to be arguing with the driver. I saw the car behind pull over to the side and I carried on and cars behind pulled round and carried on as well. NIP states consideration being given for the alleged offence of Failing to Stop, Failing to Report an Accident, Careless or Inconsiderate Driving. I called telephone number to enquire and driver behind is stating that the car behind him went into the back of him due to my driving and that I left without stopping. I was completely unaware that anything had happened. No one tried to stop me, no one indicated that anything had occurred and I only remember it happening because of the passenger (who I thought was the drivers wife) seeming to be moaning at him for the situation between us both. I have no idea what car it was behind me, colour or whether or not there were more than two people in the car. I also didn't see a second car stop.

I am obviously very worried as I would never have not stopped at an accident if I knew about it and or been involved in one.


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 14 Apr 2015 16:58:29 +0000
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post Tue, 14 Apr 2015 - 16:58
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peterguk
post Tue, 14 Apr 2015 - 17:13
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Why add to a 2005 thread?

A Mod. will split.


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Pete D
post Tue, 14 Apr 2015 - 18:04
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It sounds as if your braking caused a rear end shunt to the car behind and the flashing was trying to get you to stop. Your story is rather odd. The NIP is not addressed to you so you need the company to send it back with your details so you get a NIP in your name. Pete D
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zarnd
post Tue, 14 Apr 2015 - 18:53
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Sorry, should have made it clearer. He was flashing me before any braking took place. No flashing afterwards, just tailgating and arm waving. No flashing or arm waving after he stopped either. Absolutely nothing when he stopped so assumed he stopped as his passenger was shouting at him and he stopped due to that.
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zarnd
post Tue, 14 Apr 2015 - 19:19
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Is it a good idea to write what happened on the back of the form that is sent?

Thanks
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peterguk
post Tue, 14 Apr 2015 - 20:21
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QUOTE (zarnd @ Tue, 14 Apr 2015 - 20:19) *
Is it a good idea to write what happened on the back of the form that is sent?

Thanks


The one addressed to your company should be filled in with your details and returned.

When you receive the S.172 in your name, simply fill out your details as the driver. If they want to interview you, post back here before attending.


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zarnd
post Tue, 14 Apr 2015 - 20:29
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Form is being sent back tomorrow to say that I am the driver and I assume I will then receive an NIP addressed to me. Why would you not advise filling out what happened on the back of the sheet and sending it off?

Cheers
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fedup2
post Tue, 14 Apr 2015 - 20:47
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QUOTE (zarnd @ Tue, 14 Apr 2015 - 19:53) *
Sorry, should have made it clearer. He was flashing me before any braking took place. No flashing afterwards, just tailgating and arm waving. No flashing or arm waving after he stopped either. Absolutely nothing when he stopped so assumed he stopped as his passenger was shouting at him and he stopped due to that.





What do you think he was flashing you for?

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zarnd
post Tue, 14 Apr 2015 - 21:01
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I went round the roundabout and he came from the right and started flashing me when we were on the road to the tunnel. Didn't do anything intentional or anything that I thought was incorrect.
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The Rookie
post Wed, 15 Apr 2015 - 03:15
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Just complete the forms as required, if they ask for an interview ONLY do this at the station where you are entitled to free legal assistance at legal aid rates.


--------------------
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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Kickaha
post Wed, 15 Apr 2015 - 06:16
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It would be a good idea for you to write a complete account whilst you still remember it.

I do fear that the "I waved back at him, braked twice" part can easily be misconstrued.
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Esmerobbo
post Wed, 15 Apr 2015 - 07:07
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QUOTE (zarnd @ Tue, 14 Apr 2015 - 21:01) *
I went round the roundabout and he came from the right and started flashing me when we were on the road to the tunnel. Didn't do anything intentional or anything that I thought was incorrect.



Was he on your right as you entered the roundabout, could you have forced him to brake to avoid you, before he started flashing you?
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zarnd
post Wed, 15 Apr 2015 - 08:10
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He was on my right as I entered the roundabout with plenty of space.

I have written down what happened.

Form sent back today so have to wait for NIP to come directly to me.

Why would it not be s good idea to write a statement on the back of the form that I send back! I understand it will be my side of what happened and can be used as evidence etc...
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The Rookie
post Wed, 15 Apr 2015 - 08:14
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Because right now you have no idea what the complaint is, as such you don't want to give an answer that may make things worse.


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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Gan
post Wed, 15 Apr 2015 - 08:15
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Until you know what's alleged, you don't want to give away any information

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zarnd
post Wed, 15 Apr 2015 - 08:29
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I called the collision department yesterday to find out so I do know what is being alleged against me.

Best to leave it blank even though I do know what is being alleged?

Thanks
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The Rookie
post Wed, 15 Apr 2015 - 08:44
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Yes, almost certainly, but what is alleged?



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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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zarnd
post Wed, 15 Apr 2015 - 08:55
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That my driving caused his accident and that I didn't stop

This post has been edited by zarnd: Wed, 15 Apr 2015 - 08:56
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timbstoke
post Wed, 15 Apr 2015 - 09:05
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Sounds like the usual rules apply as already advised - fill in the s.172 when it arrives with your details and nothing more, and if they want to do an interview, arrange to do so at a police station where you can avail yourself of free legal advice.
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Tartarus
post Wed, 15 Apr 2015 - 09:12
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Similar happened to me once. I was driving near Heathrow, and the car in front of me suddenly stopped. I braked and stopped in time (I was at a reasonable distance behind). Guy behind me, who was way too close, had to brake very sharply to avoid hitting me, which he did. The guy behind HIM though then went right up his arse, triggering an accident. Nothing came about in regards to blame on my part. So I imagine the key factor here will be arguing and proving that the other guy's driving is responsible for his own accident because he was way too close to you to account for any sudden changes in your driving. Which is the whole point of safe distances. If he was arguing with his wife and looking at her repeatedly, then that's not paying proper attention to the road either.
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