ROG:
Would the TC be inviting the driver for interview if they were prosecuted for any of those offences?
If they do I can only say as I see it.
I have no recollection of any incident occurring
And if the police do take a statement then stick to it, don’t say or admit to anything and let it be known you’ll fight it all the way.
Good luck,
As already pointed out earlier there is nothing to recollect apart from a straightforward delivery. So while trying not to go into a rant… Why would I say anything else ■■?
dar1976:
As already pointed out earlier there is nothing to recollect apart from a straightforward delivery. So while trying not to go into a rant… Why would I say anything else ■■?
I think the point is not that you might say anything else but that you must at all times be firm and sound confident about it while you’re talking to them. They will no doubt suggest other possible scenarios that they think you might have “forgotten” or whatever and if you umm and err too much they will take that as you being uncertain and start to try and push further. If you sound certain of what happened at all times then they’re less likely to try and take advantage of any perceived weakness and try something on.
At this stage I would not worry be too concerned ( especially as you said you were stationery ) . Sometimes these NIPs are issued as a formality and no further action is taken . I would not be too eager to contact the police as it appears you have done nothing wrong . At this stage I would also exercise caution in what you say to police - in some cases being helpfull can damage your case and the evidence used against you . Good luck and from you explanation of the circumstances I do not think any action will be taken re the NIP .
On Elms Vale Road there is a clear 3t MGW limit sign for 1/2mile up Eaton Road, I reckon some NIMBY has clocked you. However on google I can’t see a sign for where the restriction actually starts or ends in order to comply with the traffic order and the RTA .
i had a similar thing from kent police about 12 months ago, someone reported me for being in the outside lane of the M25 at the M26 split, and that was a nip for due care ect, when i rung up and explained that i can legally go out there the officer told me no further action, seems like they send these things out on anyones say so in kent !!!
Spoke to the Signatory of the NIP (who apparently isn’t dealing with the case). She has asked me to send the NIP signed to show that I was the driver and to submit a copy of my tacho for the day in question. This I have done. It will go to the case review officer who will decide what further action to take (there was no ‘if any’).
They did shed some light on the case. I have been reported for damaging a parked vehicle at 15.00 by driving into it. PMSL. The lorry was stationary and had been for ten minutes previous and 15 minutes after the alleged time.
Not only that… I am reasonably sure I didn’t damage any vehicle.
For those of you that checked it on Google Street View… imagine the street with no spaces… ie. there were cars parked all the way down the street on both sides.
I pulled up with enough space for the drivers mate to get out without hitting a car and checked that the vehicles behind could overtake. It was tight but there was room. Several vehicles passed in the time that I was there.
I am sure that I would have checked my mirrors before pulling away as I know how tight it was. I am a fairly conscientious driver and general drive fairly cautiously (especially when the spaces are tight).
They were unwilling to state what evidence they had against me.
I will try not to bite on any replies as previous and apologise for my previous defensive replies.
By all means return the NIP to them, but i wouldn’t be disclosing any of your evidence at this stage. Because by sending them a copy of your tacho that is what you are doing.
Enclose a letter stating that you understand the allegation is that you hit a stationary vehicle however you have evidence that shows you were stationary at the time of the alleged incident i.e. your tacho chart.
If they don’t want to disclose their evidence, why should you disclose yours? Let them make their decision to prosecute or not then take their chances in court with their “evidence” against yours.
Pretty much unless they have evidential quality CCTV showing you hitting the parked car, your tacho chart trumps just about anything else i.e. witness statements.
A possible scenario is that someone had existing damage on their car and has decided to try and get that company to pay for it by blaming you. Of course their insurance company would probably want them to report it to the police, hence the NIP.
Unfortunately that’s shutting the gate after horse has bolted. I had already sent email the other day and attached a copy of my tacho.
I now see this may not have been the brightest of ideas … but at the time it seemed like I was proving my innocence and trying to stop it stressing me any further.
I wrote this before seeing ■■■■■’s reply and it seems to echo that advice:-
Ah, now at least you know what’s supposed to have happened and possibly how you might not have been aware of doing that (if you did), but it could be somebody trying it on. If there is evidence of appropriate damage to your vehicle then there might be a case, if they don’t have an independent witness, otherwise it will be difficult to prove anything without a confession IMO. Not that I’m exactly an expert, mind. You certainly have some evidence on your side, apparently, and were not aware of doing anything wrong, so it’s obviously up to them to prove anything. Of course they might have incontrovertible proof. Not that I’m exactly an expert, mind.
Don’t give any more evidence than you have to. Should this case continue (Dangerous Driving! - hardly, but you never know), then let’s see whether they change the time to “about 3 o’clock give or take a quarter of an hour”. You may require a solicitor if it does get serious. Have a look at pepipoo.com (seriously).
P.S. It really sounds like this should have just been an insurance job (if indeed it happened at all) so all the police involvement really seems suspiciously OTT to me, being a suspicious person. If anything, there should be an offence of leaving the scene of an accident, not that you were aware of it, IMO. Don’t get too stressed out by it; if what you said is true, then you really have nothing to worry about regards the charges, IMO. I thought the police are only interested when anyone involved is injured; I suspect they would NOT be if it was the other way around, i.e. if you were the uninjured aggrieved party.
Unfortunately that’s shutting the gate after horse has bolted. I had already sent email the other day and attached a copy of my tacho.
I now see this may not have been the brightest of ideas … but at the time it seemed like I was proving my innocence and trying to stop it stressing me any further.
That’s a shame, you’ve now gone beyond a paper trail and effectively made a statement.
If plod decide to forward the evidence to the CPS they will request signed statement’s from all parties. You do have witnesses don’t you ?
Yes you do , as IME tacho evidence means squat
I sure hope this gets dumped at the first hurdle cause as you know, in everyone’s eyes we are big bad truckers…
Unfortunately that’s shutting the gate after horse has bolted. I had already sent email the other day and attached a copy of my tacho.
I now see this may not have been the brightest of ideas … but at the time it seemed like I was proving my innocence and trying to stop it stressing me any further.
That’s a shame, you’ve now gone beyond a paper trail and effectively made a statement.
If plod decide to forward the evidence to the CPS they will request signed statement’s from all parties. You do have witnesses don’t you ?
Yes you do , as IME tacho evidence means squat
I sure hope this gets dumped at the first hurdle cause as you know, in everyone’s eyes we are big bad truckers…
I had a drivers mate. He was asleep most of the time
But obviously was helping me shift the furniture at the time so yes he would potentially be a witness.
I hope it gets thrown out too. I know that sending my tacho in is evidence… but as I said, at the time I thought it was going in my favour.
dar1976:
I had a drivers mate. He was asleep most of the time
Could you not dig up a few others, thought you lot worked mob handed
Post back with developments before doing anything this time, as we are the only one’s on your side
I am ‘only an agency driver’. Don’t even know if drivers mate will be a witness. Doubt I’ll be having a bunch of them sticking up for me. The firm is a bit like that… if you know what I mean
Certainly have no plans to do anything else rash. Thanks for the advice
I think you’ve done the right thing sending them your tacho, it’s proof of being stationary, bit like an alibi, they will see it and take no further action, job done !!! Or you could take other peoples advise and waste yours and the police’s time and let it drag on, get solicitors involved possibly go to court, lose a days pay and then moan that there isn’t any police about nowadays If you haven’t done anything wrong how can they prove different
dar1976:
… but at the time it seemed like I was proving my innocence and trying to stop it stressing me any further.
This is British law and the onus is on them to prove your guilt. There is absolutely no burden on you to prove your innocence, if it gets to court you can if you wish produce stuff to support your case but even then it is down to them to prove guilt, not for you to prove innocence. I know what you were trying to do and it seems like the best way to be helpful and supply evidence to help clear it up but really in this situation the best thing to do is STFU, it’s always worked for me. By supplying them with things you could even inadvertently help them make their case.
You know the advice is always to have legal representation when dealing with the law? One reason for that is to stop people doing something stupid and damaging their case in the belief they were being helpful and trying to get the mess cleared up quickly.
Playing devils advocate for a minute, you mention chart, so you weren’t on a digi, and the problem is you have absolutely no proof the tacho time was correct. You have a chart that shows you stationary at 15:00 but there is nothing to say it was actually 15:00 at the time. If they do decide to go ahead with this then something else to support the chart would be helpful, did the person you were delivering to sign the delivery notes with the time for instance? Again in itself that wouldn’t be total proof but when you start adding the things together, statement from driver’s mate, chart, notes, it supports your case.
Hopefully they will just accept the chart, especially if it is just up against the word of the complainant. Good luck because this just sounds like a case of someone having damaged their car, or someone else damaging it, and trying to pin it on the first big vehicle they saw.
Foxstein:
I think you’ve done the right thing sending them your tacho, it’s proof of being stationary, bit like an alibi, they will see it and take no further action, job done !!! Or you could take other peoples advise and waste yours and the police’s time and let it drag on, get solicitors involved possibly go to court, lose a days pay and then moan that there isn’t any police about nowadays If you haven’t done anything wrong how can they prove different
Thanks. This is the way I had originally thought of it. Glad I’m not going mad yet.
Foxstein:
I think you’ve done the right thing sending them your tacho, it’s proof of being stationary,
Unfortunately it isn’t really.
Foxstein:
If you haven’t done anything wrong how can they prove different
That’s the whole point, they have to prove guilt, he doesn’t have to prove innocence. If you give them nothing it makes it much harder for them to prove that guilt so more likelihood of the case being dropped.
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