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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Health and Safety Laws Re Accident Book


angeldelight2012
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Could someone help me with this, my daughter had an accident in a major department store. Staff where told, and acknowledged by the physical evdience of that happened.

 

I was in shock and had a very very upset child, when i have spoke with various people re the accident i was told due to Health and Safety law this should have been recorded.

 

I contacted the said store, and got a responce that i refused medical care thus this means it would not go in the book.

 

A- I never refused medical care B- I have been told even though we never had medical care their that its their responsibility and they had to record the accident for their own legalalities to cover themselves from being sued.

 

Can someone please confirm what ACT it is in law that they have to follow on recording this

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its called the management of health and safety at work regulations 1999

 

before anybody tells you that is just for employees

 

the regulations not only cover staff, but also contractors, members of the public etc that are allowed into a commercial business area

 

the business has an obligation to look after every bodies health and safety while in a working enviroment

 

any accident on a commercial premises has to be recorded if requested by the injured party. if it is not a member of staff that has been injured but a member of the public, the accident needs to be reported in the daily log as an event that occured for what measures were done to rectify the accident at the time, and for future reference so a route cause analysis can be investigated and procedures put in place to minimise a recurrence of the accident

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Hi angel

 

reference the accident book:

 

Employers and employees can use this book to record details of work-related injuries for which state benefits could be payable.

 

The accident book is also a valuable document that organisations can use to record accident information as part of their management of health and safety. It can be used to record details of injuries from accidents at work that employers must report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

 

Please note that the law changed on 6 April 2012. If a worker sustains an occupational injury resulting from an accident, their injury should be reported if they are incapacitated for more than seven days. There is no longer a requirement to report occupational injuries that result in more than three days of incapacitation, but you must still keep a record of such injuries.

 

These PDFs from Health and Safety Executive website may be of help:

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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