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NIP in Multi storey Shopping Centre.


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On Monday, 23/04/12 I parked my car in a multi story car park in a local shopping centre.

At this time, my wife was with me and I was driving the vehicle.

When I park in these sort of places, we always check to see that we are parked properly within the marked parking bays.

I parked my car correctly in the bay.

As we were waiting to vacate the car, another vehicle parked at the drivers side parking bay.

As a result, I opened my drivers door and it touched the car in the next, bay, and it made gentle contact with this cars door.

When I managed to get out of my car, I looked at the location which came in contact with the other car.

When I looked at the other vehicle I saw no damage I checked to see if there was any damage to my door and looked at the other vehicle to see if I had damaged that car.

As a result, there was no damage to my drivers door and non to the door of the other vehicle.

The passenger in the other vehicle jumped out of his door, and started to shout and become agitated regarding my door touching the car he was riding in as a passenger.

The driver, a female said I had bumped her car making a dent in the body work what was I going to do about it.

I again looked at my door and her car and could not find a recent damage, which my door could have done.

As a result my opening the door caused no damage to my door, or the body work to the other vehicle.

By this time the male passenger was acting in a nasty manner so I left the scene , and left him to it.

 

Today, Through the post, I was served with and NIP for the following offences.

Driving Dangerously,

Without due care and attention

Speeding

in a dangerous postion

Failing to comply with a traffic sign or signal.

At the time of this incident, my vehicle was shut down, in gear with the hand brake on and not moving.

Could anyone advise me on what t do next.

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Can you post a copy of the ticket, minus all identifying details.

[sIGPIC][/sIGPIC]

 

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I am at present awaiting the scan for this NIP.

The only thing that fits the bill on the NIP is

 

B: Without due care and attention, or without reasonable consideration for other persons using the road or place.

At the time of this so called incident, the vehicle was stood with the engine stopped, so to move it would have meant crashing through a wall into the street 50 foot below.

I will post the NIP ASP, when I workout how to send the scan.

68904

I stopped at the location and remained there for a reasonable period of time.

I gave my vehicle registration number,my name, address and that I was the vehicle owner and driver.

This was done by word of mouth twice

Edited by 68904
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So what is it which connects the NIP to the car park? Does it give that as the location?

 

It gives the location as The Ridings Car Park, Wakefield.

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So it says you committed all these offences in the car park??

Is there any chance you could remove personal details and post the NIP.

Have look at the link in my signature for how to do it.

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

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It gives the location as The Ridings Car Park, Wakefield.

 

Just as a precaution, I took 9 photos of my vehicle on the drivers side, and a full set of pics of the exact location where this incident happened.

I also contacted the Insurance company of this incident as I thought it may be a [problem] on the part of the other people to make such a fuss over a microscopic spec of transfered paint if any.

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Any CCTV on the car park? Its a wonder that the police didn't tell the TP that it is a 'civil matter'... thats what we normally hear in situs like this. Obviously the TP has 'exaggerated' the incident somewhat.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Well not a lot you can do at this stage and from your account, I wouldn't be worrying about it too much. What I would do in the meantime is contact the car park management to see if there is CCTV available mentioning that you will be requesting a copy under the date protection act if it contains images of you. Also tell them that there is likely to be an interest from the police. this will hopefully prevent them from 'accidently' erasing the applicable footage.

 

At the end of the day, it will be the TP's word against yours which hopefully will be clarified by the CCTV. This would surely capture you committing all these offences.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Well not a lot you can do at this stage and from your account, I wouldn't be worrying about it too much. What I would do in the meantime is contact the car park management to see if there is CCTV available mentioning that you will be requesting a copy under the date protection act if it contains images of you. Also tell them that there is likely to be an interest from the police. this will hopefully prevent them from 'accidently' erasing the applicable footage.

 

At the end of the day, it will be the TP's word against yours which hopefully will be clarified by the CCTV. This would surely capture you committing all these offences.

 

Is a multi storey car park a road or private property?

Another point is that I did not run away from a reportable accident as no one was hurt no damage was done.

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Today, Through the post, I was served with and NIP for the following offences.

Driving Dangerously,

Without due care and attention

Speeding

in a dangerous postion

Failing to comply with a traffic sign or signal.

At the time of this incident, my vehicle was shut down, in gear with the hand brake on and not moving.

Could anyone advise me on what t do next.

 

The NIP does not say you committed ALL these offences, it states you may be prosecuted for ONE of teh following offences.

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When my drivers door touched the other drivers passenger door both cars were shut down eg without the engines running and parked next to each other.

Therefore no one in the car next to mine could have suffered any sort of injury due to my door touching the car or any damage caused to the other vehicle other than a small transfer of paint from one vehicle to another.

I have 28 days to respond to the Section 172 request for who was driving my car.

Any evidence of paint scraping will be well worn away , and the rest would just be guessing.

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Send the NiP back with a letter attached stating clearly that the vehicle was stationary, engine switched off and with the handbreak firmly applied. Make sure you name the person in charge of the vehicle at the time.

 

None of the alleged offenses could have been committed. They may send an officer to obtain a statement but police and solicitors allege everything so as not to have the wrong one if charges are brought.

 

Its your word against theirs so anything you say will form the basis of any investigation. Dont be put off by anyone suggesting different from what actually happened, dont say anything like it could have or it may have. Be very positive and dont stray from the facts.

 

From what you say above, the police should be looking at the reporting party for wasting police time.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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  • 2 weeks later...

Today, I got a call from GIB(girl in blue) to tell me they were not going to proceed with the accident on the roof of a Shopping Center

All the damage they say came from my door was a minute scratch.

This could have been done when the vehicle was made/serviced/ driven.

It was a total waste of Police time and mytime cos no part of my vehicle touched the op.

 

 

FROM THE JUNGEL CAME A MIGHTY ROAR, AND ALL THAT WAS BORN WAS A LITTLE MOUSE.

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Glad to hear it. Why am I not surprised... lets hope the police have words with the TP for wasting their time.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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This little episode has taught me that anywhere the public goes is a road/another place.

That would make your drive at home a road, where anything could happen.

Get a digi camera and a pen and paper when you are on the roads in a vehicle.

The Feds waste their time with summat and nowt while the country goes to pot.

Its easy to fill the courts with drivers, but we will leave all the hard cases alone cos we might have to work to get convictions, and motorists are like fish in a barrel.

I have just charged my two digi cameras to be part of the equipment in my car, just in case.

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