Notice of intended prosecution

[sxturbo]

So you say.

I am not blaming you. I am pointing out the weaknesses in your description of the goings-on.
If it ever does go to you having to argue the toss in court, better you've got your version watertight and truthful, than to be left floundering.

Without other witnesses and/or dashcam footage, it is just as likely that you (not paying attention) merged into the rear quarter of the car on your right.
If I was defending the other driver, that is the approach I'd take.

Whichever way the land lies, I don't think it quite warrants a driving without due care slapped against it when there is no other evidence other than he said she said. Had it been any other person the police wouldn't have got involved and left it to the insurance companies to sort.

I didn't try blocking or anything like that. The police also have to prove beyond all reasonable doubt that I was driving without due care and attention

 

[Brigadier]

Whichever way the land lies, I don't think it quite warrants a driving without due care slapped against it when there is no other evidence other than he said she said. Had it been any other person the police wouldn't have got involved and left it to the insurance companies to sort.

I didn't try blocking or anything like that. The police also have to prove beyond all reasonable doubt that I was driving without due care and attention

With the greatest of respect, "what you think" doth butter no parsnips, when you are potentially looking at 9 points and hundreds of squids' of a fine.
Start with the NIP, and see whether that gets it nipped there.
After that, get your ducks lined up.
And seek legal assistance.

 

[sxturbo]

Also, as Motorbiking earlier asked, why did you follow (chase, if the other side put it that way), the other car?
To get their reg.? If so, why did you continue to pursue after you had?

Unless someone stops straight away, stopping later on rarely ends well for one or the other party; at best angry words, at worst, physical assault.

As I said I didn't chase, I was following in traffic, I made an attempt to pull over, I indicated and beeped but he continued, so I continued on in the traffic, if you knew the road as it is at the moment at rush hour due to the road works it's very much stop start and slow moving, with 2 slip roads merging, the outside lane merging 3 into 2 and people trying to leave the a12 on the stanway greenstead slip road, it is pandemonium. As I was slowly going past him due to the traffic and his lane slowing down I beeped and he continued to look ahead and not acknowledge me.

I then slowed down after the road works when it was national speed limit again, to 60mph and he came back past me which which I tried to get his attention again, I beeped my horn and he just continued to look straight ahead so I left it and turned off at my usual turning where the other vehicle proceeded to continue.

 

[sxturbo]

With the greatest of respect, "what you think" doth butter no parsnips, when you are potentially looking at 9 points and hundreds of squids' of a fine.
Start with the NIP, and see whether that gets it nipped there.
After that, get your ducks lined up.
And seek legal assistance.

From what I can gather the 14 day rule doesn't apply in this case due to the collision and thus the 14 day rule is voided as I was aware of the incident due to the "crash"

 

[Brigadier]

As I said I didn't chase, I was following in traffic, I made an attempt to pull over, I indicated and beeped but he continued, so I continued on in the traffic, if you knew the road as it is at the moment at rush hour due to the road works it's very much stop start and slow moving, with 2 slip roads merging, the outside lane merging 3 into 2 and people trying to leave the a12 on the stanway greenstead slip road, it is pandemonium. As I was slowly going past him due to the traffic and his lane slowing down I beeped and he continued to look ahead and not acknowledge me.

I then slowed down after the road works when it was national speed limit again, to 60mph and he came back past me which which I tried to get his attention again, I beeped my horn and he just continued to look straight ahead so I left it and turned off at my usual turning where the other vehicle proceeded to continue.

Why were you so insistent on getting the other driver to stop?


I reiterate: I'm not looking to attribute blame to you; I am however, testing your approach from differing angles. Better it be done on here, than at the sharp end of the magistrate's court.

 

[Andydevon]

Best to ask some exerts in the field. This forum is incredibly helpful in these issues http://www.pepipoo.com/

 

[sxturbo]

Why were you so insistent on getting the other driver to stop?


I reiterate: I'm not looking to attribute blame to you; I am however, testing your approach from differing angles. Better it be done on here, than at the sharp end of the magistrate's court.

Because I wanted to swap details I'm not very good at remembering registrations, as I still had a 20 minute drive to collect my boy from childcare before then going home, and also to see if he even knew an accident had occured.

The bloke just seemed completely oblivious to anything around him.

 

[Brigadier]

Because I wanted to swap details and see if he even knew an accident had occured.

The bloke just seemed completely oblivious to anything around him.

So, how was your identity made know to Plod, for them to serve NIP?
Other party?
Witness?

If the other party got your reg. and reported, kinda blows your "oblivious to all around" argument, do you think?

He might say he wasn't acknowledging you, because he was frightened of the man chasing him, beeping his horn, pulling alongside........


Like I have said before, you're not resolving the situation on here; you're testing your case and position, for when it might latterly really be put to the test.

 

[johnny2007]

A few years ago some nutters did something similar but at 50mph.
I was a passenger in my friend's car.
After the bump, the other driver didn't stop and my friend followed him.
I called 999 and explained that we were following this driver after the accident.
Within 4 or 5 minutes a police car approached and stopped this "gentleman" he ended up being nicked for driving under tg he influence of drugs and possession with intent to supply (must've been a good stash).
It is important to note that the 999 operator didn't say "do not follow", he kept on asking if he was travelling below the speed limit.
He also said to keep following if safe and do it discretely.
Don't know if the number plate was on their naughty list.
Dashcams are now essential.
And finally, if you think a minor scrape doesn't warrant a personal injury claim, you should see how many people claim for a bumper touch in a car park.
My wife was conned by a woman who got £5k compensation for personal injury.

 

[big-all]

just a thought
if you where braking any marks on your car would get heavier to the front as he is dragging forward ??
as in dragging deeper then stopping suddenly

 

[sxturbo]

So, how was your identity made know to Plod, for them to serve NIP?
Other party?
Witness?

If the other party got your reg. and reported, kinda blows your "oblivious to all around" argument, do you think?

He might say he wasn't acknowledging you, because he was frightened of the man chasing him, beeping his horn, pulling alongside........


Like I have said before, you're not resolving the situation on here; you're testing your case and position, for when it might latterly really be put to the test.

No that's fine, and obviously he wasn't oblivious, but I'm not to know that, all I know is that he made no attempt to stop and refused to look at my.direction with a beep of the horn and doesn't explain why he didn't pull over to begin with.

I also wasn't being aggressive there was no hand gestures from me as he didn't look in my direction.so there wasn't any point.

And as I've previously said I wasn't chasing I was stuck in the same traffic he was.

No one else stopped and I'm not sure what evidence the police have as they will not speak to me about it.

 

[sxturbo]

just a thought
if you where braking any marks on your car would get heavier to the front as he is dragging forward ??
as in dragging deeper then stopping suddenly

I was pulling over at the same time,

Most of it has since polished out

 

[motorbiking]

To the other posters.. let’s not get side tracked by any civil claim which may or may not be made.

The issue in hand is the motoring offence.

No point in reporting the fail to stop now as you are well out of time.

I repeat the question. Did you add a letter advising that the NIP was out of time ?

The next thing that will happen is one of:
1 you get a visit to get a statement
2 you get an offer of naughty boy course
3 in about 4 months you get a summons

 

[kingandy2nd]

I would have been pursuing a claim against the other parties insurance regardless of the buffing out if they were at fault.

Don’t be sidetracked by the NIP date, a s.172 Notice has no time limit.

I would wait and see what comes back following the completion of your form.

You have noticed your insurer of the incident, and presumably they will have noted you advised them at the time that the other party did not stop. It would potentially aid any future defence against a failure to stop charge (if there is one) to have a recording / transcript of what you told the insurer at the time…it would part of your defence that you noticed your insurer and they (the insurer) could have notified the other party.

Driving without due car charge is very different, but given the extent of the damage I doubt it would be in the interests of the CPS to prosecute.

 

[sxturbo]

To the other posters.. let’s not get side tracked by any civil claim which may or may not be made.

The issue in hand is the motoring offence.

No point in reporting the fail to stop now as you are well out of time.

I repeat the question. Did you add a letter advising that the NIP was out of time ?

The next thing that will happen is one of:
1 you get a visit to get a statement
2 you get an offer of naughty boy course
3 in about 4 months you get a summons

No I was advised this after sending the s172 form back.

I was going to send a letter today detailing the dates and reference number, and asked that should the matter be taken further that more information is provided to me so I can appoint a solicitor.