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NIP received, Due care and attention, failing to stop etc
matt1976
post Thu, 30 May 2019 - 21:47
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Hi all

My wife has this morning received a NIP for the offences of:
Driving without due care and attention
Failing to stop at RTA
Failing to report RTA

The incident happened a couple of weeks ago. She was reversing into a space (on a street), and made very slight contact with another car. She checked both cars and there was no damage to either, and she drove and parked slightly further up the road.
She returned straight away and double checked for damage (there was none). She decided it would be polite to let the owner know what had happened so spent the next 30 minutes hanging around and knocking on doors to try and locate them to no avail. She met a friend who also checked the car and confirmed no damage.
She went to an appointment, came back an hour later and hung around again to try and find the driver but no joy.
So she decided to leave it, no damage so no harm done... or so she thought

Until today when she has received the NIP and she is in bits over it. She's the nicest person in the world, and would never knowingly do anything wrong.

So I guess my questions are:
What's the likelihood of prosecution under the circumstances? (She is convinced there was no damage and friend will back her up)
If she is prosecuted what are the likely outcomes? Would she get an 'offer' from the police?
If she fought it what would happen? (go to magistrates?)

I understand it is not a recordable offence so she wouldn't get a criminal record

Additional issue that may be relevant/may not be. The location is stated as "Street A at junction with Street B", however the incident took place at Street B at junction with Street C, some 350 yards away from the location specified. Does this make any difference?

Anyway, lesson learnt for the future...

Many thanks for any input
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post Thu, 30 May 2019 - 21:47
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andy_foster
post Thu, 30 May 2019 - 22:32
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The Rookie
post Fri, 31 May 2019 - 07:03
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Reversing into a stationary car is pretty much nailed on driving without due care and attention, all be it at the lowest end of the scale.

Your wife could surely have left a note given how long she says she was there, regardless she was required by law to report it to a police station at the earliest opportunity and within 24 hours regardless.

What will the Police do? one of
1/ Nothing other than exchange details for insurers to sort out
2/ Offer an awareness course
3/ Offer a fixed penalty
4/ Take it to court for one or more offences
Which they will go for is anybody's guess but if I was a bookie the shortest odds would be on 1.


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nigelbb
post Sat, 1 Jun 2019 - 05:52
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If there was no damage to either car did an accident even happen? Why was your wife hanging about & knocking on doors if there was no damage?


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samthecat
post Sat, 1 Jun 2019 - 10:56
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QUOTE (nigelbb @ Sat, 1 Jun 2019 - 06:52) *
If there was no damage to either car did an accident even happen? Why was your wife hanging about & knocking on doors if there was no damage?


+1 on this.

If there was no damage then there has not been an accident or collision under the relevant legislation and hence no obligation to report etc...... But....... the actions described above are not congruent with that.

I would suggest getting in touch with the investigating officer or dept and asking what is being alleged. Minor bumps that can dealt with by the appropriate insurers are hardly high up the list of priorities for Police and they may be happy just to facilitate details being exchanged.


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Earl Purple
post Mon, 3 Jun 2019 - 09:44
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Insurance companies and their "approved" garages love to make a fortune out of little things like this.

It's fairly normal in parking in tight space to make slight contact with the vehicle behind / ahead with zero damage. That's as long as you are doing the manoeuvre at a slow enough pace to stop as soon as you feel anything.


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NeverMind
post Mon, 3 Jun 2019 - 12:22
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QUOTE (Earl Purple @ Mon, 3 Jun 2019 - 10:44) *
It's fairly normal in parking in tight space to make slight contact with the vehicle behind


Really? Parking by touch is the norm now?

Literally no hope left for humanity.

This post has been edited by NeverMind: Mon, 3 Jun 2019 - 12:22
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cp8759
post Mon, 3 Jun 2019 - 12:58
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QUOTE (Earl Purple @ Mon, 3 Jun 2019 - 10:44) *
It's fairly normal in parking in tight space to make slight contact with the vehicle behind / ahead with zero damage. That's as long as you are doing the manoeuvre at a slow enough pace to stop as soon as you feel anything.

A collision with another vehicle is still a collision, even if no damage occurs, and would still fall below the standard expected of a competent and careful driver. Would never be prosecuted on public interest grounds, but that doesn't mean it's an acceptable standard of driving.

Look at it this way, do you think a learner would pass his driving test if he made "contact" in this way?


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666
post Mon, 3 Jun 2019 - 14:14
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QUOTE (Earl Purple @ Mon, 3 Jun 2019 - 10:44) *
It's fairly normal in parking in tight space to make slight contact with the vehicle behind / ahead with zero damage. That's as long as you are doing the manoeuvre at a slow enough pace to stop as soon as you feel anything.


Are you aware that this is a UK forum, not an American one?
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The Rookie
post Mon, 3 Jun 2019 - 19:01
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Sounds more Parisian than American. In Paris you leave your handbrake off so parking cars can enlarge their space.


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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
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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