PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

[NIP Wizard] Road Incident
Kay2624
post Fri, 18 Nov 2016 - 05:55
Post #1


New Member


Group: Members
Posts: 5
Joined: 17 Nov 2016
Member No.: 88,525



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2016
Date of the NIP: - 43 days after the offence
Date you received the NIP: - 48 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Greenwich
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 - • It was a double Lane changing to a single Lane due a road work.
• The car in front on my car indicated to the right in other to change to the single Lane.
• I also indicated to the right and check it was cleared before proceeding onto the single Lane.
• On moving onto the single Lane I felt I had been hit by driver at my back.
• In other not to cause a road blockage to other road users I went further indicated to the left side of the road to investigate what had happened.
• I noticed the driver that hit my car from the behind also indicated and parked behind my vehicle.
• I asked if he was paying attention to the road and pointed to the damage he has caused to my vehicle.
• I asked him to give me his insurance details so that I can contact my insurance company and informed them of the incident.
• His answer at the time was no.
• As he refuses to give me his details, I brought out my mobile phone and took a picture of damages on both cars as evidence.
• Again I persuaded with him to do the right thing and provide his insurance details and he declined, and then tries to blame me for the incident.
• At this point two guys came out of a kebab shop nearby, approached us and started communicating with the driver of the vehicle in question in a foreign language I didn’t understand.
• Their conversation went for quite a while, which made me became worried and uncomfortable I then moved to the side in other avoid any confrontation with them.
• Shortly after I walked up to him informed him that I am leaving since he has refused to provide his insurance details, I made him aware of the photographic evidence I have got and that I will be reporting the incident to my insurance company and I believe he will be contacted by my insurance provider.
• I walked back to my car and drive off as I was worried of what the driver and the two other guys were saying.
• At home I immediately called my insurance provider and reported the incident to my insurance company and also send them the two pictures I took of the incident.
• Had I knew I was also meant to report the incident to the police within the 24hours of the incident after I had reported the incident to my insurance company at the same time; I would have done so immediately.
• I will like to also state that the incident was my first ever driving incident and I wouldn’t have envisaged that after reporting to the insurance company I also need to report it to the police.
• I was also not advice by my insurance company to report it to the police after reporting the incident to them.
• These conclude my report on the alleged incident.


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? - No
Was there a valid reason for the NIP's late arrival? - Unsure
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: Fri, 18 Nov 2016 05:54:59 +0000
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 12)
Advertisement
post Fri, 18 Nov 2016 - 05:55
Post #


Advertise here!









Go to the top of the page
 
Quote Post
The Rookie
post Fri, 18 Nov 2016 - 07:32
Post #2


Member


Group: Members
Posts: 45,069
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



There was a legal requirement to report it to the Police, you shouldn't need your insurance company to tell you that, as a driver you are meant to know.

In our experience the Police use the NIP to get your details and exchange them between the drivers (as should have happened at the roadside) they then leave it to the insurers to sort out.

It's hard to know who was at fault, you were changing lane so the onus was on you to avoid a car already in that lane though.

This post has been edited by The Rookie: Fri, 18 Nov 2016 - 08:45


--------------------
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
Go to the top of the page
 
+Quote Post
Kay2624
post Fri, 18 Nov 2016 - 08:13
Post #3


New Member


Group: Members
Posts: 5
Joined: 17 Nov 2016
Member No.: 88,525



Can any charges be brought against me for not reporting it to the police when he refuses to give me his details as he already reported the incident to the police before me even though I have reported it to my insurance company on the same day.
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 18 Nov 2016 - 08:37
Post #4


Member


Group: Members
Posts: 45,069
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Yes, if you haven't exchanged details the law requires you to report it at a Police station as soon as possible and certainly within 24 hours. I would suggest the chances of such a prosecution are very small, but you have certainly committed that offence.


--------------------
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
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 18 Nov 2016 - 09:36
Post #5


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



What have you actually received in the post?

Only a S.172 notice requesting driver details, or have you also received a Notice of Prosecution? If you have also received a NIP, what offences are mentioned?

This post has been edited by peterguk: Fri, 18 Nov 2016 - 09:37


--------------------
Go to the top of the page
 
+Quote Post
Kay2624
post Fri, 18 Nov 2016 - 10:46
Post #6


New Member


Group: Members
Posts: 5
Joined: 17 Nov 2016
Member No.: 88,525



I have only been sent the s2,s3 & s170 but I am planing to send them all photographic evidence I took and my correspondence with the insurance company immediately after the incident was reported to them. I will also be sending them my own personal side of the story.
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 18 Nov 2016 - 10:54
Post #7


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (Kay2624 @ Fri, 18 Nov 2016 - 10:46) *
I have only been sent the s2,s3 & s170 but I am planing to send them all photographic evidence I took and my correspondence with the insurance company immediately after the incident was reported to them. I will also be sending them my own personal side of the story.



Right now, simply provide the driver details.


--------------------
Go to the top of the page
 
+Quote Post
Kay2624
post Fri, 18 Nov 2016 - 10:58
Post #8


New Member


Group: Members
Posts: 5
Joined: 17 Nov 2016
Member No.: 88,525



I am the driver and I have filled all my details in the form and I worried if that will lead to prosecution as they claim I refuse to exchange details but it was the other driver that actual refuse detail and also play a fast game by reporting to the police after I left the place of Incident.
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 18 Nov 2016 - 11:08
Post #9


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (Kay2624 @ Fri, 18 Nov 2016 - 10:58) *
I am the driver and I have filled all my details in the form and I worried if that will lead to prosecution as they claim I refuse to exchange details but it was the other driver that actual refuse detail and also play a fast game by reporting to the police after I left the place of Incident.


Botyh drivers were obliged to exchange details and report. As already stated, it is unlikley any prosecutions will result.


--------------------
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 18 Nov 2016 - 13:33
Post #10


Member


Group: Members
Posts: 45,069
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (Kay2624 @ Fri, 18 Nov 2016 - 11:58) *
I am the driver and I have filled all my details in the form and I worried if that will lead to prosecution as they claim I refuse to exchange details but it was the other driver that actual refuse detail and also play a fast game by reporting to the police after I left the place of Incident.

Don't supply details and its a slam dunk 6 points.

It is irrelevant that the other driver refused to give details, unless they were exchanged you were required to report it.


--------------------
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
Go to the top of the page
 
+Quote Post
sgtdixie
post Fri, 18 Nov 2016 - 15:03
Post #11


Member


Group: Members
Posts: 9,529
Joined: 5 May 2011
From: UK
Member No.: 46,399



Worse case scenario.
You don't name the driver, they investigate further and you either get 6 points for not naming the driver or they prove it was you and you get done for failing to furnish, fail to exchange and report and careless.

Best case scenario you name the driver and they let the insurance fight it out.

Other options are there such as you name the driver but they still investigate and you go to court for combination of other offences.

I should add that the careless is based on your account where it appears you pulled out in front of another car. Of course that may not be the case but without both versions of events we can't say what happened.

My view is to name the driver and cooperate and hope they leave it to the insurance.
Go to the top of the page
 
+Quote Post
Kay2624
post Fri, 18 Nov 2016 - 15:40
Post #12


New Member


Group: Members
Posts: 5
Joined: 17 Nov 2016
Member No.: 88,525



Thanks everyone. There is also pen writing on the return envelope that read RG/LC. Does anyone know what that means.
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 18 Nov 2016 - 16:27
Post #13


Member


Group: Members
Posts: 33,694
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (Kay2624 @ Fri, 18 Nov 2016 - 15:40) *
There is also pen writing on the return envelope that read RG/LC. Does anyone know what that means.

Probably the initials of the staff involved.


--------------------
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.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 11th July 2020 - 07:14
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.