Notice of intended prosecution

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Hi all,


I received a NIP I'm the post today, it regarded an incident that took place in the NIP is dated as having been sent in December 29 days after the alleged incident.

I believe the incident in question was to do with a minor collision with another vehicle on the slip road where 2 lanes filter into 1. I was ahead of the vehicle behind who was in the outside lane and I was filtering into the outside lane, there is currently ongoing road works which has created an significant increase in traffic. I was in front of the vehicle at the point the road naturally turns into a single lane and the centre lines in the road had disappeared, however the road is wider than usual at this point as it brings the lanes into 1. Due to traffic I had slowed to around 20-30mph with a gap of 2 car lengths in front of me, the other vehicle in question I had caught in my mirror speeding in the outside lane and rather than slow down was determined to get in front of me even though we were slowing down due to traffic.

I did try to take evasive manoeuvres with the left side tyres of my vehicle going over the painted white lines in the road, but the other vehicle still bumped the front quarter of my car with the rear quarter of his.

Once the other vehicle was in front he failed to stop for the accident and I proceeded to follow him for a further .5 ish mile to the next junction to see if he would pull over, he did not so I overtook him to try and get his attention, he knew I was there but refused to acknowledge, I then overtook due to the traffic in my lane speeding up, and thought I will wait until we are out of the the road works, the driver in the vehicle then overtook again and I followed him until my junction at rivenhall again trying to gain his attention to pull over but once again I was ignored.

The next day I phoned my insurance company and advised them of the incident. I was going to make a claim but after a few days I used some polish on my car and the scuff marks all but removed so I cancelled the claim with my insurance company.

I hadn't heard anything further until the NIPs arrived through my door.

As far as I'm aware there wasn't any dash cam footage of the incident, and my insurance company hasn't advised there is a claim going against me.

The NIPs states driving without due care and attention on my part which ( I believe ) is most odd for an incident such as this, and I would have thought it would be put to the insurance company to decide fault without the need for the involvement of the police. I didn't report the incident to the police as I deemed it very minor.

I've been driving for 18 years with no convictions or points on my license previously.

My brother works for the police force and I spoke to him about it, he advises I should reject the nips due to it being issued after the 14 days and see if that stops any further investigation, he also believes having been told the above that it might be a police officer who was in the other vehicle and a due care and attention nip is an easy win for the police force.

I'm not sure what evidence has been produced to the police and have tried to find out but I have been rejected on the grounds that they cannot comment on ongoing investigations.

I've lived in my current address for 4 years, the vehicle has been registered at this address since. I've also had the vehicle for 5 years and my driving licence is also registered at my current address and has been since we moved 4 years ago.

I have sent the s172 form off today 29th December via special delivery tracked and signed for to comply with the investigation.

Sorry for long post.

My question is, do the police take into account my side of the story before issuing penalties or court notices?

Having looked online I'm looking at 5-9 points and a fine if they go ahead with it,

My brother says they might offer a driving course instead, but from what I can gather that's unlikely due to there being damage to another vehicle.

I don't think I'm in the wrong, but if it were argued well enough I think i could see it as 50/50 at a push, which is what the insurance company have done due to lack of evidence and my word against his. My insurance company said that as he failed to stop they would have pushed for 100% non fault if I didn't cancel my claim.
 
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I believe the NIP might have been served out of time, so can be challenged as invalid. It depends when it was reported.

did you tell them it was out of time when you sent it back?

The NIP is to identify the driver. My guess is it was a copper in the other car. This feels like a road rage incident if you were honest with yourself?

They need video footage or a statement. You choose to defend it in the magistrates court. First you challenge the NIP and then you challenge the offence.

However, if you block someone from overtaking you and cause an accident no matter how much of a queue jumping arse they were being it is driving without due care. Additionally, with a fail to stop, you get the details and report it. You don’t give high speed chase and try to force them off the road. The fact they haven’t done you for failing to report suggests the cause of your behaviour has been omitted from the report.

Easily defended with the right advice and you can follow up with s complaint if you think the other has falsely made a statement. Pretty serious issue for a serving plod.
 
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There wasn't any high speed chasing, I was literally just following the guy, then I pulled into the slightly faster lane and tried to get the guys attention before the speed of the traffic on his side slowed further.

I then hung back to see if he would continue and he went past me, where I tried to gain his attention on his way past me.

There was no road rage on my part, I see him in my mirror way back, and continued with the flow of traffic which was slowing down considerably which meant I was also and I was keeping a safe 1-2 car lengths from the car in front.

The other vehicle could have chosen to stay behind me but he chose not to, which meant me making an effort to avoid the collision by moving off the road.

This is where i was with traffic in front, when the car overtook I moved onto the chevrons on the left there, at the time as I said we were doing around 20 to 30 mph at the time.
Screenshot_2022-12-30-08-13-26-64_3d9111e2d3171bf4882369f490c087b4.jpg


This would be the view of the road behind me
Screenshot_2022-12-30-08-16-44-12_3d9111e2d3171bf4882369f490c087b4.jpg
 
Im amazed that this has been issued, do the police even bother with due care offences any more, on the basis of a complaint from the public?

Definitely challenge the nip for being out of date and formally complain about him failing to stop, he has clearly left that bit out of the story.

Suspect your insurers had contacted his and this is his comeback.

All speculation until the facts are clear.
Definitely worth contacting one of the on line law firms that specialise in motoring law.

Blup
 
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Do you have a dash cam? That'll clear this incident up.

The problem you will have is that is the front of your car is damaged and the rear of the other driver, it can easily be described as you non stopping in time and rear-ending the other driver.
 
It may well be because the other party now has an injury claim. Only reason why police are concerned about RTCs, when someone is injured.
 
The rear-facing photo also shows the lane that you were in - the left lane - is the one that filters into the righthand one.

Material facts are that you merged into a lane, and clipped the rear of the other car. Road layout and damage to vehicles are unarguable.
Everything else regarding the actual coming-together is anecdote, and he-said-she-said.
 
It may well be because the other party now has an injury claim. Only reason why police are concerned about RTCs, when someone is injured.

I can't imagine any injury because it was literally just a scrape no bouncing or anything and at low speed
 
The rear-facing photo also shows the lane that you were in - the left lane - is the one that filters into the righthand one.

Material facts are that you merged into a lane, and clipped the rear of the other car. Road layout and damage to vehicles are unarguable.
Everything else regarding the actual coming-together is anecdote, and he-said-she-said.

Not when I was the car already in front, the other car was around 2 car lengths in front of the van in the photo between the photo and the van at the time of me merging. The facts are that at that point I had right of way as the lanes were considered 1
 
Do you have legal assistance on your motor policy? It may well be worth contact them if you do
 
Not when I was the car already in front, the other car was around 2 car lengths in front of the van in the photo between the photo and the van at the time of me merging. The facts are that at that point I had right of way as the lanes were considered 1

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.
 
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.
 
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