NIP arrived for a work colleague
NIP arrived for a work colleague
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Discussion

pja

Original Poster:

272 posts

248 months

Tuesday 2nd May 2023
quotequote all
A guy I work with had a collision in a works vehicle (HGV)
Minimal damage to our vehicle & our driver told us he was stopped the other vehicle hit him & drove off,
Turns out quite the opposite happened & the other vehicle is probably a write off!
There is dash cam footage from 2 vehicles including the vehicle our guy hit!
Fast forward a couple of weeks & a NIP lands asking for driver details
Offences listed are Due Care, Leaving the scene & fail to report,

Now this chap already has 6 points, 3 expire later this month
He is adamant he has done nothing wrong but keeps contradicting himself, despite the footage clearly showing he was passing a row of parked vehicles on the wrong side of the road when he hit the oncoming vehicle!
His thinking is that if he slow pedals the NIPs 3 of his points will expire & he will only get 6 more so he will be ok, & that we are all “making a fuss over nothing”
My questions are,
Will be be interviewed?
Will this be likely to go to court? Or be fixed penalty?
Will his point tally count from the time of the incident or the date it’s dealt with?
Am I correct in thinking it’s a minimum 6 points for each of the 3 offences?
Given he was in a HGV is he likely to get more points/fine than minimum?

Anyone want a job? biglaugh

Just to be clear, I only work with this guy, I do not own the firm or am his manager
I was /am interested in other opinions on how serious this is/could get as the driver is playing it all down & thinking he will just get a few points & a fine








Edited by pja on Wednesday 3rd May 18:38

vonhosen

40,597 posts

240 months

Wednesday 3rd May 2023
quotequote all
Points will be from date of offence.

Bobberoo

44,551 posts

121 months

Wednesday 3rd May 2023
quotequote all
I sincerely hope he's been sacked.

Alex Z

1,967 posts

99 months

Wednesday 3rd May 2023
quotequote all
I’d be surprised if lying about the circumstances of an accident in a work vehicle wasn’t gross misconduct.
That solves any employment problem about his lack of license.


Durzel

12,949 posts

191 months

Wednesday 3rd May 2023
quotequote all
Alex Z said:
I’d be surprised if lying about the circumstances of an accident in a work vehicle wasn’t gross misconduct.
That solves any employment problem about his lack of license.
This.

Also as said points are counted from the date of offence. No idea why there are still people out there who aren’t aware this is the case by now.

TheRainMaker

7,593 posts

265 months

Wednesday 3rd May 2023
quotequote all
It’s not your problem, just fill the NIP in and send it back.

I would start looking for a new driver.

Edited by TheRainMaker on Wednesday 3rd May 07:52

Greendubber

14,831 posts

226 months

Wednesday 3rd May 2023
quotequote all
TheRainMaker said:
It’s not your problem, just fill the NIP in and send it back.

I would start looking for a new driver.

Edited by TheRainMaker on Wednesday 3rd May 07:52
Yep, send it back and then whatever he decides to do is on him. He sounds like a knob to be honest!

pja

Original Poster:

272 posts

248 months

Wednesday 3rd May 2023
quotequote all
Long story but No not been sacked,




Vasco

18,009 posts

128 months

Wednesday 3rd May 2023
quotequote all
pja said:
Long story but No not been sacked,
Family business - owners son ?

Pica-Pica

15,990 posts

107 months

Wednesday 3rd May 2023
quotequote all
If it were my choice, I would suspend him from driving until any conviction, purely on the failing to report. Does this not merge a potential driving offence with Health and Safety attitudes?

ADJimbo

844 posts

209 months

Wednesday 3rd May 2023
quotequote all
pja said:
Long story but No not been sacked,
How long has he worked there? Was an internal employee statement taken at the time of the incident by your own transport manager? If so and it contradicts what the dashcam footage now shows then suspend pending investigation, disciplinary and go from there based on investigation findings.

Leaving scene and failure to report is a massive red-flag for me regardless of the circumstances of the RTC.

dundarach

5,958 posts

251 months

Wednesday 3rd May 2023
quotequote all
Do everything by the book.

If and when it all gets nasty, make sure you're in a position to be able to answer 'Yes' to having done everything.


2Btoo

3,743 posts

226 months

Wednesday 3rd May 2023
quotequote all
dundarach said:
Do everything by the book.

If and when it all gets nasty, make sure you're in a position to be able to answer 'Yes' to having done everything.
That's pretty much my thoughts on reading this as well.

Make sure that the employer ticks every box there possibly is, and keeps all evidence. And those whom the driver told about the accident would do well to make notes of their conversation with him and the details that he reported to them.

If things get sticky (which they could well do) then you need to ensure that you collectively are on the right side of the process, not the wrong side.

What will happen? Dunno. But best of luck.

sospan

2,755 posts

245 months

Wednesday 3rd May 2023
quotequote all
^^^^^^^^^^^^^
Do things by the book.
His actions are unacceptable. Your company insurance will deal with the incident itself. You need to deal with his behaviour as an employee. Stick to the disciplinary procedure you have. Apply it appropriately.

The Mad Monk

11,001 posts

140 months

Wednesday 3rd May 2023
quotequote all
pja said:
My questions are,
Too many questions.

You are over thinking this.

If you are required to fill a form in, then fill in the form and send it back.

p4cks

7,332 posts

222 months

Wednesday 3rd May 2023
quotequote all
There may be a long story, but all things considered you're not showing your business in a very good light here if you're entertaining this bks

fk the driver, he fked up. Don't let him drag you into his little scheme of his because if/when it fks up, you might also be in front of the magistrate.

Countdown

47,120 posts

219 months

Wednesday 3rd May 2023
quotequote all
pja said:
A guy I work with had a collision in a works vehicle (HGV)
Minimal damage to our vehicle & our driver told us he was stopped the other vehicle hit him & drove off,
Turns out quite the opposite happened & the other vehicle is probably a write off!
There is dash cam footage from 2 vehicles including the vehicle our guy hit!
Fast forward a couple of weeks & a NIP lands asking for driver details
Offences listed are Due Care, Leaving the scene & fail to report,

Now this chap already has 6 points, 3 expire later this month
He is adamant he has done nothing wrong but keeps contradicting himself, despite the footage clearly showing he was passing a row of parked vehicles on the wrong side of the road when he hit the oncoming vehicle!
His thinking is that if he slow pedals the NIPs 3 of his points will expire & he will only get 6 more so he will be ok, & that we are all “making a fuss over nothing”
My questions are,
Will be be interviewed?
Will this be likely to go to court? Or be fixed penalty?
Will his point tally count from the time of the incident or the date it’s dealt with?
Am I correct in thinking it’s a minimum 6 points for each of the 3 offences?
Given he was in a HGV is he likely to get more points/fine than minimum?

Anyone want a job? biglaugh
Apologies if stupid question but how do you know about the dashcam footage from the other vehicle?

vaud

57,891 posts

178 months

Wednesday 3rd May 2023
quotequote all
pja said:
A guy I work with had a collision in a works vehicle (HGV)
What is your role in this? Fleet manager? His manager? etc

Muzzer79

12,647 posts

210 months

Wednesday 3rd May 2023
quotequote all
TheRainMaker said:
It’s not your problem, just fill the NIP in and send it back.
1000% this. I speak from experience.

Drivers will tell you all sorts. It's his job at the end of the day, so he'll be worried about losing it.

We had one guy ask us to simply not name him as a driver and he'd pay the company fine. Errrrr no.

Just fill in the NIP and return it. It's up to the courts to decide if he's guilty or not, not you. If he gets points or a ban, you can deal with him from there.

LosingGrip

8,632 posts

182 months

Wednesday 3rd May 2023
quotequote all
pja said:
A guy I work with had a collision in a works vehicle (HGV)
Minimal damage to our vehicle & our driver told us he was stopped the other vehicle hit him & drove off,
Turns out quite the opposite happened & the other vehicle is probably a write off!
There is dash cam footage from 2 vehicles including the vehicle our guy hit!
Fast forward a couple of weeks & a NIP lands asking for driver details
Offences listed are Due Care, Leaving the scene & fail to report,

Now this chap already has 6 points, 3 expire later this month
He is adamant he has done nothing wrong but keeps contradicting himself, despite the footage clearly showing he was passing a row of parked vehicles on the wrong side of the road when he hit the oncoming vehicle!
His thinking is that if he slow pedals the NIPs 3 of his points will expire & he will only get 6 more so he will be ok, & that we are all “making a fuss over nothing”
My questions are,
Will be be interviewed? Possibly. Depends what route they'll be going down...see below
Will this be likely to go to court? Or be fixed penalty?Court would be the most likely for all the offences if they decide to proceed with them all. If not it could be a course (similar to if you get caught speeding but costs more...not sure if all forces do this.
Will his point tally count from the time of the incident or the date it’s dealt with?As already been stated...points on his licence at the time of the offence.
Am I correct in thinking it’s a minimum 6 points for each of the 3 offences?See below links.
Given he was in a HGV is he likely to get more points/fine than minimum?See below links.

Anyone want a job? biglaugh
Due care
Fail to stop/Fail to report

When I was on response, all fail to stop RTCs would get closed down to the duty sgts inbox and allocated out. Most victims were happy for the insurance details. Most officers were happy with this as it meant sending a letter out (NIP), waiting for the response confirming who was driving, phone them up saying the other party just want your insurance details, can you email me to confirm that you are happy for me to pass them on etc. Happy days, jobs gone off your workload.

Sometimes they'd want to take it further (and sometimes I'd wish that they would). They'll properly be interviewed. It sounds pretty cut and dry from what you've said.