Reported for dodgy driving |
Reported for dodgy driving |
Sat, 13 Jul 2019 - 14:17
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#1
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New Member Group: Members Posts: 4 Joined: 13 Jul 2019 Member No.: 104,762 |
Hi Everyone,
On motorway today & made a mistake - realised needed to be in left hand lane so changed lane sharply at last minute, and ended up cutting someone up. Basically, they've followed me to a service station down the road, and pulled up next to me. They said they were going to report me to the police. Now I'm clearly in the wrong & I apologised (apart from being a bit freaked out about being confronted..). But they were adamant. Stormed off saying "expect to be contacted by the police". No dashcam on either car. What's the deal here - I'm assuming they're going to contact the police. But what then? It was poor driving on my part & I'm givinh myself a hard time as I'm normally a right nazi about it. Can they & might they do anything. Nobody harmed & nothing damaged fortunately. And yes I'm embarrassed about it & lesson learned. Cheers for any help. |
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Sat, 13 Jul 2019 - 14:17
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Sat, 13 Jul 2019 - 14:41
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Wait and see if you hear anything - they have 2 weeks to contact you if you are the RK.
Appears to be careless driving but whether they actually report is another matter. Whether the police are that bothered too... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 13 Jul 2019 - 14:44
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#3
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New Member Group: Members Posts: 4 Joined: 13 Jul 2019 Member No.: 104,762 |
Hands up - I was careless. What could happen if they do report?
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Sat, 13 Jul 2019 - 15:29
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#4
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The Police could
1/ Do nothing 2/ Take action and offer an awareness course 3/ Take action and offer a fixed penalty 4/ Take action and summons you to court where the maximum penalty is 9 points (as with any motoring offence a ban is also possible) and £1000 fine for driving without due care and attention, or a much longer ban (min 12 months) if you get found guilty of dangerous driving which is a statutory alternative to careless. The range is so wide as to be meaningless really. This post has been edited by The Rookie: Sat, 13 Jul 2019 - 15:31 -------------------- 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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Sat, 13 Jul 2019 - 15:48
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#5
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New Member Group: Members Posts: 4 Joined: 13 Jul 2019 Member No.: 104,762 |
Without any evidence how likely is anything to happen? Unless they went so far to start trawling through motorway cameras etc there's nothing to go on.
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Sat, 13 Jul 2019 - 16:43
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The other driver is a witness.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 13 Jul 2019 - 16:43
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#7
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Of course they have evidence, it’s a common misconception, but a credible witness is evidence.
-------------------- 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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Sat, 13 Jul 2019 - 16:43
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#8
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Some people have the time to appear at court...
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 13 Jul 2019 - 17:03
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#9
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Without any evidence how likely is anything to happen? About 7 -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sat, 13 Jul 2019 - 17:15
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#10
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New Member Group: Members Posts: 4 Joined: 13 Jul 2019 Member No.: 104,762 |
Seriously - any thoughts on the likelihood of this?
Appreciate the responses so far. |
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Sat, 13 Jul 2019 - 17:19
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#11
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Our crystal ball is on the blink. You’ll just have to deal with what happens, if anything.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 13 Jul 2019 - 17:41
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#12
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Member Group: Members Posts: 3,140 Joined: 19 Jun 2004 From: Surrey Member No.: 1,326 |
Without dashcam footage they will have to report it to the police and will likely have to go to Court and testify as a witness. There usually has to be an independent witness too (not another occupant of the car), according to the blurb on Police websites.
The Police might send a speculative NIP, so it would probably be worth going to Court in the unlikely event that this happens. |
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Sat, 13 Jul 2019 - 18:21
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#13
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Seriously - any thoughts on the likelihood of this? Seriously, we don't know (and to be blunt, many of us don't care). If you actually receive a NIP, we might be able to offer some constructive legal advice, but currently you're just wasting your time and ours. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sat, 13 Jul 2019 - 18:30
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#14
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
dangerous driving which is a statutory alternative to careless. Is it? Under which statute? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 13 Jul 2019 - 20:41
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#15
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I don’t know, this is what Blackstones says
QUOTE An offence of careless driving can be tried alongside an offence of dangerous driving as an alternative. However, it is not clear as to why this is done in the magistrates, court as the offence is a statutory alternative in any event
-------------------- 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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Sat, 13 Jul 2019 - 20:47
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#16
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I don’t know, this is what Blackstones says QUOTE An offence of careless driving can be tried alongside an offence of dangerous driving as an alternative. However, it is not clear as to why this is done in the magistrates, court as the offence is a statutory alternative in any event Careless is a statutory alternative to dangerous (s 24 Road Traffic Offenders Act 1988) but not the other way around. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 14 Jul 2019 - 19:29
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#17
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Of course they have evidence, it’s a common misconception, but a credible witness is evidence. The police will in most instances not pursue a case based on the evidence of a single civilian witness. They could, but in practice they simply don't bother most of the time. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 15 Jul 2019 - 00:23
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#18
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
They could, but in practice they simply don't bother most of the time. Not least because in the absence of some independent evidence it would be a case of "he says, she says". "Beyond reasonable doubt" seems problematic, I would suggest. -------------------- Regards,
Fredd __________________________________________________________________________
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