Notice of intended prosecution

[Brigadier]

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

Thanks Motorbiking.

My point stands though; get your "story" straight now, as you'll have a much harder task doing so, in a few month's time.

 

[Notch7]

So in summary it sounds like merging traffic, you were technically merging into his lane.

He was driving aggressively trying to prevent you merging, forcing you into the chevrons as your lane had disappeared.



Clearly his aggressive driving was unreasonable, but I wonder if you should’ve switched lanes earlier to block his overtaking or braked yourself sooner and let him past.

 

[motorbiking]

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.

No you don't need to do that.

the last point for you to do that is in reply to the summons or at the exchange of evidence.

If the witness to your careless driving is the other driver, then it cannot be relied upon as he was involved in a road traffic accident with you and failed to stop. He is an unreliable witness.

There are certain circumstances where the NIP can be deemed valid, but they are unlikely and you still have to comply with the request (as you did). It simply cannot be used as evidence and therefore there is no basis to prosecuted you, unless the magistrate (wrongly) thinks otherwise.

What you don't know is if he did report to the police the accident.

It would be wrong to advise what to say, if you are interviewed. something along the lines of "its all a bit hazy as you contacted me so long after the incident, I remember some bloke in a xyzzy driving too fast and clipping my car causing some minor damage, was this the person alleging the careless driving? Surely thats not an independent witness? Are you able to give me his name and address so that I can recover my damages?"

obviously they wont. but there is enough hints in there for a CPS review to fail.

You may find the section on careless driving worth reading..

Road Traffic - Fatal Offences and Bad Driving | The Crown Prosecution Service

www.cps.gov.uk

 

[sxturbo]

Clearly his aggressive driving was unreasonable, but I wonder if you should’ve switched lanes earlier to block his overtaking or braked yourself sooner and let him past.

Yes this is why I say it is 50/50 at most, obviously this is just my opinion though

 

[motorbiking]

This doesn't stop you issuing a county court claim at some point in the future. But no independent witnesses will make it hard to prove.

 

[sxturbo]

No you don't need to do that.

the last point for you to do that is in reply to the summons or at the exchange of evidence.

If the witness to your careless driving is the other driver, then it cannot be relied upon as he was involved in a road traffic accident with you and failed to stop. He is an unreliable witness.

There are certain circumstances where the NIP can be deemed valid, but they are unlikely and you still have to comply with the request (as you did). It simply cannot be used as evidence and therefore there is no basis to prosecuted you, unless the magistrate (wrongly) thinks otherwise.

What you don't know is if he did report to the police the accident.

It would be wrong to advise what to say, if you are interviewed. something along the lines of "its all a bit hazy as you contacted me so long after the incident, I remember some bloke in a xyzzy driving too fast and clipping my car causing some minor damage, was this the person alleging the careless driving? Surely thats not an independent witness? Are you able to give me his name and address so that I can recover my damages?"

obviously they wont. but there is enough hints in there for a CPS review to fail.

You may find the section on careless driving worth reading..

Road Traffic - Fatal Offences and Bad Driving | The Crown Prosecution Service

www.cps.gov.uk

Thanks I read that last night.

So I should just ask that the nip be rejected due to being 15 days over due?

 

[sxturbo]

I've just spoke to my insurance company, and they have advised that the claim had already been settled with a no fault on either party

As I was talking to her about one call (my insurance broker) passing me over to her (the under writer) she had a letter posted on their system dated 22/12/22 advising the other insurance company wanted to re-open the claim.

The lady on the phone said it was really unusual. She said she doesn't know if the other insurance company has found further evidence as they havnt stated anything but at the time the case was closed their was no witness statements other than the other party failing to stop which went in her opinion heavily against him.

Once I explained the nips letter she said that doesn't make sense why the police have got involved and with a charge such as that as there was no major accident or personal injury, and that as the other driver failed to stop they just wouldn't normally get involved after the event. I said there is a theory the other driver is a police officer and she said that would make much more sense

I've checked legal cover and I only have basic legal cover for personal injuries but will also provide free initial advise only.

The plot thickens

 

[motorbiking]

It's a case of wait and see. In the meantime its worth getting a quote for your repairs. The problem the other side has, is they cannot prove you caused the damage or that it was caused by the collision with your vehicle as they failed to stop and have no witnesses. Maybe they carried on driving like an entitled tw@t and had another crash with a lamp post.

 

[conny]

Have you considered that the other driver, (policeman or not), may have submitted a claim to his insurance that he now feels very nervous about driving so his lifestyle has been impacted?

The young guy that ran into the back of me, 15 months ago, appeared really shaken up when it happened and swore he would pay more attention in future. Abot a month later he pulled out from his driveway and got behind me. I was in a different car this time so he probably didn't realise it was me. He was driving so close I could just see the tops of his headlights. So being, (what I consider myself to be), a careful driver i gently eased off a bit in the hope he would do the same. We were doing 40mph in a 40 zone but climbing a long hill that crested at the top and I was just about to hit the section with a solid white line on my side when he swung out and overtook me. He knew we were about to come to the solid line but blatantly ignored it and flew past me at least 50mph He got back to our side of the road about 20-30 yards before the crest. Luckily there was nothing coming from the other side. I sent my dashcam footage to the police and received an email about 6 weeks later to say that he would be served a notice of intention to prosecute. The problem is, unless you know all their details, (name, address, car reg etc), you will never get to know if they are prosecuted. He still drives like a lunatic and I dread him getting behind me again as he is clearly a danger to others.

My original claim against him still hasn't been settled because I put in a claim for injury as I suffered a chip fracture of my collar bone and had my arm in a fixed sling for 3 weeks.

 

[securespark]

As long as you were not driving a company vehicle at the time, the authorities have to get the NIP to you within 14 days, which it would appear they have failed to do.

It sounds irregular to issue an NIP in this case.

Have they got any photographic footage?

I agree it sounds like there was a copper in the other vehicle in which case they sound like they are guilty of at least one offence.

I would obtain legal representation before you go any further.

 

[motorbiking]

I hope you kept a copy of the original notice and the envelope?

If you want to understand the law with regard to the ability for you to be charged without a valid NIP, its here:

Road Traffic Offenders Act 1988

An Act to consolidate certain enactments relating to the prosecution and punishment (including the punishment without conviction) of road traffic offences with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

Read sec 1 and 2. You appear to have a section 1 defence to the charge of driving without due care.

There is some incorrect advice on this thread. I'm not going to waste time correcting. I'd be here all day.

EDIT: I would remove the dates and locations in the original post - there is no need for you to provide a public account.

 

[sxturbo]

Spoke to Patterson law and she advised not to send any further letters to the police, she said the 14 days doesn't stand in this case, and it may be that they are investigating the other driver and not me. She did say the case sounded unusual and to wait for further correspondence from the police and find out exactly what it is they are alleging I've done wrong (if it is me they are investigating ). Then she will advise further, but she seemed quite confident on the phone of what's been discussed so far that it might not be as bad as I feared.

 

[sxturbo]

I hope you kept a copy of the original notice and the envelope?

If you want to understand the law with regard to the ability for you to be charged without a valid NIP, its here:

Road Traffic Offenders Act 1988

An Act to consolidate certain enactments relating to the prosecution and punishment (including the punishment without conviction) of road traffic offences with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

Read sec 1 and 2. You appear to have a section 1 defence to the charge of driving without due care.

There is some incorrect advice on this thread. I'm not going to waste time correcting. I'd be here all day.

EDIT: I would remove the dates and locations in the original post - there is no need for you to provide a public account.

I've got the letter yes, not the envelope.

 

[diy_fun_uk]

I was in a different car this time so he probably didn't realise it was me. He was driving so close I could just see the tops of his headlights. So being, (what I consider myself to be), a careful driver i gently eased off a bit in the hope he would do the same. We were doing 40mph in a 40 zone but climbing a long hill that crested at the top and I was just about to hit the section with a solid white line on my side when he swung out and overtook me. He knew we were about to come to the solid line but blatantly ignored it and flew past me at least 50mph

Tailgating is up there in my top 3 driving pet hates and, unfortunately, seems to be on the increase. I reckon tailgaters broadly fall into one of two categories, namely the ar5ehole and the oblivious.

To the OP, I know this is very easy to say, but if you take one thing from this let it be to 'just let it go' even if you think you're in the right. As I've got older I've come to realise it's rarely worth the increased blood pressure and/or potential damage to your vehicle.

 

[jeds]

You say you 'believe' the incident was the one you think it was, but the NIP should state the location. Did it not state the location? That would surely confirm what the issue is about.