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[NIP Wizard] Very minor car park bump, NIP received for "Careless or Inconsiderate Driving".
Kington
post Thu, 26 Oct 2017 - 11:28
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2017
Date of the NIP: - 2 days after the offence
Date you received the NIP: - 3 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Chandos Street, Car Park (UC) Leamington Spa
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
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 - I was reversing out of my parking space when I was distracted by my sister, who was in the car with me. Because of this, I reversed into another car very gently. I got out of my car and looked at the collision area, but I couldn't see any damage on either car, so I continued on my way. I've just looked at my cars bumper, and I still cannot see any mark.

I've today received an NIP for the alleged offence of "careless or inconsiderate driving". I presume I will get penalty points and a fine for this.

I'm wondering what course of action I should take. A "Your questions answered" form says that I can send a covering letter with the NIP, should I do this?

Many thanks!



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)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also 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: Thu, 26 Oct 2017 11:28:37 +0000
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post Thu, 26 Oct 2017 - 11:28
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AntonyMMM
post Thu, 26 Oct 2017 - 12:11
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Just reply naming yourself as the driver, nothing else, and then await any further action. There is a reasonable chance that the police will pass on your details to the other party and let the insurance companies sort it out.

As you were are aware of the collision, there isn't really anything you can say that doesn't make things worse.

This post has been edited by AntonyMMM: Thu, 26 Oct 2017 - 12:11
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Kington
post Thu, 26 Oct 2017 - 12:22
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Thanks, Antony.

Should I return the NIP now, or wait until towards the end of the 28 day period?
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AntonyMMM
post Thu, 26 Oct 2017 - 12:25
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QUOTE (Kington @ Thu, 26 Oct 2017 - 13:22) *
Should I return the NIP now, or wait until towards the end of the 28 day period?


There is nothing to be gained by delaying, other than spinning the whole thing out for longer .... I'd send it straight back. You may even get offered a driver education course ( and they may put a time limit on that).

You have informed your insurance company ?

This post has been edited by AntonyMMM: Thu, 26 Oct 2017 - 12:27
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Kington
post Thu, 26 Oct 2017 - 12:28
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No, as I couldn't see any damage on either car, I didn't think I would need to. Should I?
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AntonyMMM
post Thu, 26 Oct 2017 - 12:42
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Check your insurance policy for their requirements - it will usually have something in there that says you have to notify them of any claim, or any event that may give rise to a claim (or words to that effect).

Really depends on whether an accident actually took place (which means causing damage to the other car, however slight) - whilst just touching another car and causing no visible damage is possible and could still be enough for an offence of careless driving, it would be odd for proceedings to be even suggested if there was no damage at all.

I suspect the other driver has found some damage they want repaired (whether you caused it or not).

This post has been edited by AntonyMMM: Thu, 26 Oct 2017 - 12:44
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Kington
post Thu, 26 Oct 2017 - 12:58
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Ha! That may well be the case.

I'll check my policy.

Thanks again, Antony, much appreciated.
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Kington
post Fri, 27 Oct 2017 - 09:55
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As there is an email address on the NIP, I've sent the following to it -

"I have received an NIP from yourselves for the alleged offence of "careless or inconsiderate driving". Is it possible to have more information about this, please?

The NIP states that my vehicle is alleged to have been involved in a road traffic collision. As this may cause a give rise to a claim against my insurance, I have informed my insurers. They would like to know the details of what my car is alleged to have collided with. If this is another vehicle, would you let me know the make and model of this car and details of any damage, please?"
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peterguk
post Fri, 27 Oct 2017 - 10:21
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I suspect the S.172 that arrived with the NIP simply asked who was driving at the time, date and location mentioned.

Have you provided this information?


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Kington
post Fri, 27 Oct 2017 - 10:27
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Hi Peter,

I'll be posting it today. It's the details of the other car I've asked for

This post has been edited by Kington: Fri, 27 Oct 2017 - 10:28
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Kington
post Sun, 19 Nov 2017 - 13:46
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I completed and posted the NIP on 30/10/17. As it was returned in the envelope provided (second class postage), it would have arrived by 2/11/17. I've heard nothing, however. Is it worth emailing them before the end of the 28 days?

Many thanks again.
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peterguk
post Sun, 19 Nov 2017 - 16:37
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QUOTE (Kington @ Sun, 19 Nov 2017 - 13:46) *
I completed and posted the NIP on 30/10/17. As it was returned in the envelope provided (second class postage), it would have arrived by 2/11/17. I've heard nothing, however. Is it worth emailing them before the end of the 28 days?

Many thanks again.


What significance is the 28 days? The only significance is your obligation to return the S.172 naming the driver, which you've done. So there's no more for you to do unless/until you hear back from them.


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