Without Due Care and Attention
Contrary to Sec 3 RTA 1988
Without Reasonable Consideration for Other Road Users
Contrary to Sec 3 RTA 1988
My first response in my head was WTF. Dangerous Driving. Think I’d have known if I had !!!
Second response was - I think someone is trying to set me up.
Looked at the Reg of the vehicle. Checked it against my tachos and Yes I was driving. Couldn’t tell you what I was doing at the specific time as it was an uneventful week.
Should I send back the NIP with my driver details AS I WAS THE DRIVER AT THAT TIME AND DATE and wait for more details.
and / or
Should I deny all knowledge of any offence as I know of no offences occurring.
I believe that at this stage you just have to provide the driver’s identity. Should they choose to prosecute then they will provide further evidence, if they have any.
You need to defend this though, Dangerous Driving is a mandatory 12 month ban.
dar1976:
Received an NIP from Kent Police this morning.
It alledges
Dangerous Driving
Contrary to Sec 2 RTA 1988
Without Due Care and Attention
Contrary to Sec 3 RTA 1988
Without Reasonable Consideration for Other Road Users
Contrary to Sec 3 RTA 1988
Police will often threaten to prosecute one incident with all three of these charges, although you could only actually be prosecuted on one of them, they seem to do this in order to persuade you to plead guilty to one of the two lesser offences which do not carry a mandatory ban.
All you can do is the complete the NIP and then wait and see what they are alleging and what evidence they have to support it. You may not recall any untoward incident but you have to remember that we are all constantly watched on CCTV as we use the road network and it could be as simple as that they have seen you fumbling for a CD or drinking from a can of coke etc.
Think this would probably get better advice in the Safety and Legal forum?
Have they notified you on which specific road this occured ? or can you work out from your tacho, your whereabouts on that particular route, check google street view, look for overhead bridges/flyovers it may jog your memory.
Yes I agree. Probably should be in Safety / Legal.
Yes they notified me of the street. Already Google Mapped it. I remember doing a furniture delivery there. I had drivers mate with me. Nothing really out of the ordinary.
It does seem strange- if a patrol car had seen you doing something wrong, they would have stopped and cautioned you at the time. Possibly a member of the public has lodged a complaint, but I very much doubt that you would be prosecuted on the say so of a member of the public. Do you know if there was CCTV covering the road?
It is a company vehicle or your own? If company, you might ask why no one mentioned that they nominated you as the driver, as the company would’ve got the first NIP.
I have looked at street view and see nothing obvious. It does not say which part of the street it was supposed to have occurred but states it is Eaton Road, Dover
dar1976:
Yes it was 18t lorry. I had heads up from agency a fortnight ago. NIP lists offences at 3pm 07/12/11
Check your tacho’s again…at that time on that date, was the truck stationary or moving?
Just checked. Stationary from 14.50 to 15.15 on other work. That will have been when unloading. Analogue tacho btw
You need more information about the alleged offence then, maybe contact the police force concerned and explain that whilst it looks like you might have been the driver, the truck was stationary at the time of the alleged offence so need more information before you can positively put yourself forward.
This might be a long shot but this appears to be a residential eyeball camera on the approach to eaton road, if there were no police cars present, marked or un-marked to capture your misdemeanor on camera.■■ use the zoom out feature to see where it is located as 3pm will still be daylight.
It sounds silly but was you parked where you shouldn’t have been whilst unloading,I know this is the real world and you park where you have to but if you was stopped on a crossing,on a junction…you get the jist.
roadrunner:
This might be a long shot but this appears to be a residential eyeball camera on the approach to eaton road, if there were no police cars present, marked or un-marked to capture your misdemeanor on camera.■■ use the zoom out feature to see where it is located as 3pm will still be daylight.
ShropsBri:
It sounds silly but was you parked where you shouldn’t have been whilst unloading,I know this is the real world and you park where you have to but if you was stopped on a crossing,on a junction…you get the jist.
I was partially blocking the road with enough room for 1 stream of traffic. I know this because several cars did pass in both directions. Yes it was tight but not impossible.