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NIP Driving Without Due Care - ** NO FURTHER ACTION **


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I work as a van driver, doing home deliveries.

 

A couple of weeks ago I delivered to one of two attached cottages along a narrow, unlit, unmade road. After completing the delivery I had to turn the van around, as my only alternative was to reverse around 100 yds back to the main road (I should point out that it was dark at the time).

 

I completed the turn outside the cottages, as that was the only point wide enough, and drove to the end of the road, where I stopped for a few moments to work out my next route. I was then approached by the owner of the second cottage who informed me that I had reversed into his oil tank.

 

After apologising and confirming that I was unaware of any contact, I gave him the "bump card" that we carry, which has the contact details of the Company, and he also took a photo of the registration number. He said he couldn't tell in the dark, if there was any damage, but would check the following day.

 

I heard no more, and assumed that all was okay, but today I was informed by my manager that they had received an NIP for driving without due care and attention. I would have thought that this was purely a matter for the insurance company, and am surprised the the police can prosecute on the strength of one person's allegation, without even speaking to me, or being present at the time to witness it.

 

Any thoughts?

Edited by Hurley1961
Paras.
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being reasonable, they shld've gone to your company first re the company/insurance sorting it out. did yr employer/insurer have any prior notification/report of the incident.

otherwise, it looks like they've gone straight to the police!

IMO

:-):rant:

 

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I think they've asked for the driver information at this stage. The puzzling thing is that if he'd gone the insurance route, I'm sure I'd have heard about it by now, as we have all sorts of forms to complete. I can't see what he has to gain by going to the Police.

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If indeed the owner as he claims you damaged his oil tank then you must request the repair report from the oil company. As they would of had to attend to check to see if there was ant leakage.

 

If the oil company cannot provide any report ask them for the details of the incident and if it was reported to them.

 

Do this regardless of police involvement and if they fail to provide tell the Police this as well. It may help the Police and not continuing with the alleged offence....

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Thanks. That sounds a sensible course of action.

 

I haven't been able to find out if he's made any claim through the company insurance, but maybe it hasn't filtered down to my level yet.

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Did you request a copy of the damage report and photographic proof of the alleged offence? Have the Police shown you any of this? As a driver you will have proof of delivery yes? Therefore you will have the address. I would use Google maps to see if their car picked up the oil tank in their photograph and may be just maybe it shows the name of the company it belongs to? Then contact them directly to get the information. Just thinking out loud here!

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also have a look at the property using satellite imagery to see if that yields any information about where the tank was. Showing due care is not the same as not having an accident, without due care indicates negligence and under your circumstances there is a lot to consider as what was reasonable under those conditions.

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I haven't requested any information yet, as I am still waiting to hear from the Police directly. I know the address, as the delivery is quite a regular one and I've delivered there at least half a dozen times, so I can take another look at it in the daylight to find out the company details.

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take photo's of the drive way in the day light, also try get a log to show what time you delivered the parcel in order to prove what the light condition's would be, when taking photos of drive way point towards the air to show lack ok street light's, if possible take photo's of the oil tank if it's still there

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  • 2 weeks later...

The oil tank won't belong to a company. Ours belongs to us, was fitted by an engineer and is re-filled by whomever is cheapest in the area when it needs re-filling.

 

Don't automatically assume that there'll be some big, formal damage report. If ours is acting up we call the local guy who fitted it for us, not Shell or BP.

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The oil tank won't belong to a company. Ours belongs to us, was fitted by an engineer and is re-filled by whomever is cheapest in the area when it needs re-filling.

 

Don't automatically assume that there'll be some big, formal damage report. If ours is acting up we call the local guy who fitted it for us, not Shell or BP.

 

Prices are quite good at the moment for oil arent they :) Although still very high for domestic fuel - 11p a litre when we had ours installed 18 years ago - at one point it went up to around 69p but down to 43p currently.

 

I would have thought you would have felt a bump if you had hit the oil tank ? And yes, generally they are owned by the home owner.

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Yeah, prices are great at the moment. Just put 1200 litres in ours, should keep us going till summer.

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  • 3 months later...

A quick follow up to this incident.

 

As suggested, I took several photos of the driveway, and the tank (no visible damage) and sent that all off to the Police, along with my statement. About 3 weeks later I received a letter advising me that no further action would be taken. In addition, there was never any claim against the company insurance.

 

Thanks for all the advice.

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