Police NIP/driving with undue care and attention

[markjango]

Hi

While parking my car on 8th June, i touched another car while trying to get into a space. I looked and there was no damage to either car. I was trying to get into a space which is very tight but marked with lines. Its a private car park where tickets are usually issued if you dont use the marked spaces. The parking attendent, whom i had spoken to before shouted "dont worry mate, ive got your details and will let them know". I thought nothing more of it until 20 June, when I got a notice of intention to prosecute from the Herts Police. There were two letters, one said NIP for driving without due care and attention, and the other letter, which I had to sign and send back to the Police lists this as well as Failing to stop at the scene of an accident, and Failing to give my details. I dont know if the other car owner (who i never saw) or the attendent passed on my registration number to the Police. I dilligently sent back all the info they asked for, insurance details, MOT and driving licence, and an explanation that there was no damage to either car, that the attendent said he had taken my details, and that i didnt feel it necessary to leave my insurance details as there was no damage. I replied to the NIP from the Police on 22nd June, and haven't heard anything since. Does anyone know what I can expect to happen next? There was something about 14 days in the letter I had to send back, but foolishly I forgot to take a copy of it. Thanks.

[nat8808]

Sounds rather odd - sounds as if the attendant could have passed your details to a dodgy no win no fee accident or insurance claim company (that would be illegal wouldn't it without your permission?) and may have taken a fee for it.. Then a false insurance claim could be being made? Or maybe gets a fee from the police for reporting things? Stranger things have happened..

 

I'd perhaps check if with your insurance company to see if they've heard of anything.

 

I'd also contact the police personally to see what is going on from their side of things.

 

I hate to recommend other forums but the pepipoo forums are excellent for all things regarding motoring fines - many motoring lawyers hang out there too.

[Cardiff Devil]

I'm surprised that the police would be pursuing this, unless they have been told a few porkies by whoever filed the complaint. Failing to stop after an accident would normally be pursued for driving away from a major traffic collision on the road or a hit and run. In cases like this, a minor nudge in a car park with nobody injured they would normally leave it to the insurers to sort out.

 

If the police are pursuing it the next step would be an officer coming to your house to take a statement. All you would need to do is stick to the truth, and say is that while attempting to park, you touched another vehicle, got out and checked and there was no visible damage to either vehicle so you did not feel that leaving your details was necessary, as no accident occured. They will probably ask to inspect your vehicle but obviously there will be nothing of interest there. I suspect it will go no further than this.

Edited July 13, 2011 by Cardiff Devil

[yorklass2009]

If it's a private car park police have no authority getting involved surely? I could be wrong

[markjango]

Thanks CardiffDevil, I am inclined to think along the same lines as you, and as I haven't heard anything for a month yet from either the Police, or my/their insurance company, I am going to put it to the back of mind and not think about it too much. I did half expect the Police to jump on it as an easy prosecution to get their figures, but maybe that was me being cynical. I am surprised it has gone this far really - how many times have we all returned to our parked to find someone has caused a minor dent or scratch, and not bothered to leave their details? In this case, I didn't even scratch either car.

As far as I am aware, the laws of the road DO apply to private car parks and private roads where the public has acces. I bumped my car years ago into a lampost on my estate to avoid a cat, again, no damage to anyone or anything. But a neighbour saw, and called the Police. 45 minutes later they were on my doorstep, and it was my unfortunate luck that between the bump and getting back into the house and the Police arriving, I had drunk 4 double vodka and cokes (we were having a party), so they did me for drink driving, despite me arguing with them on the doorstep and in Court.

[Cardiff Devil]

Bear in mind that it can take up to a few months before the police turn up to take a statement. I had a similar situation a few years back. I thought the matter had been closed, but was quite surprised three months later when an officer arrived at my house one evening to take a statement. The complaint was made that I had hit a parked car with considerable force (causing £1300 of damage) and driven off. The officer examined my car and noted the complete lack of any accident damage at all, the matter was referred back to the insurers who refused to pay out as there was no evidence at all that I was involved. A lot of hassle but a good result in the end.

 

 

Did you really get convicted for drink driving in that situation? They didn't breathalyse you at the roadside so surely they couldn't prove that you were over the limit when you were driving the car.

Edited July 13, 2011 by Cardiff Devil

[markjango]

Yes., I was prosecuted, and received a 2 year ban. I was breathalysed on my doorstep, and was tice over over the limit (I even had a drink in my hand while doing it). I was arrested on my doorstep, taken to the station, and breathalysed again, and that showed twice over the limit, and hour and 15 minutes after bumping the lampost. I was put in a cell, until they decided the reading would be low enough to talk. At court, my solicitor argued my case, but I was advised if i pleaded not guilty, my punishment could be much more severe than just a 2 year ban. A few of my neighbours had given statements which were frankly a pack of lies, maybe they were annoyed I was having a bbq with friends. The statements read more like something the police would say than anything my neighbours could come up with. "I heard a loud bang and I was scared for my life", "a man who i didnt recognise drove at speed into the lampost, then parked in the parking space, and walked off". They had me in a corner, so I pleaded guilty. In retrospect, I should have got a better solicitor, but it was a long time ago.