Help Please - NIP for Dangerous Driving
Discussion
Hi all,
I would appreciate some help. I have received a NIP for the following three alleged offences driving dangerously/without due care and attention/without reasonable consideration for other persons using the road or place.
This is the first such notice I have received in 15 years of driving, clean license, no accidents etc, so I am very concerned by this notice, and very worried given the punishments available for dangerous driving.
I would rather not go into the details of the "incident", but essentially two lanes became one and I moved from the right hand lane into the left hand lane, indicating fully with enough space and warning to the other driver that I was moving over. The driver who I pulled in front of was very angry at this and continued to tailgate me, before overtaking and cutting me up, causing me to brake firmly. He has clearly given my details to the police and accused me of the above offences.
Now I am confident that had a police officer seen me move over into the other lane, he would not have seen any offence on my behalf.
The trouble is there was no police officer there to witness this, and its only this other drivers evidence against mine. How should I approach this, at the moment I intend to return the form confirming I was driving and attach a covering letter explaining my side of the story. Is this the right thing to do, or should I seek legal advice? I am very worried which I feel I shouldn't be as I have not done any wrong!
Any advice would be greatly appreciated!
I would appreciate some help. I have received a NIP for the following three alleged offences driving dangerously/without due care and attention/without reasonable consideration for other persons using the road or place.
This is the first such notice I have received in 15 years of driving, clean license, no accidents etc, so I am very concerned by this notice, and very worried given the punishments available for dangerous driving.
I would rather not go into the details of the "incident", but essentially two lanes became one and I moved from the right hand lane into the left hand lane, indicating fully with enough space and warning to the other driver that I was moving over. The driver who I pulled in front of was very angry at this and continued to tailgate me, before overtaking and cutting me up, causing me to brake firmly. He has clearly given my details to the police and accused me of the above offences.
Now I am confident that had a police officer seen me move over into the other lane, he would not have seen any offence on my behalf.
The trouble is there was no police officer there to witness this, and its only this other drivers evidence against mine. How should I approach this, at the moment I intend to return the form confirming I was driving and attach a covering letter explaining my side of the story. Is this the right thing to do, or should I seek legal advice? I am very worried which I feel I shouldn't be as I have not done any wrong!
Any advice would be greatly appreciated!
Edited by getty on Saturday 8th November 00:37
If you have a 172 form i believe it's called asking you to name the driver send that in. Do not send a cover letter with your explanation.
Have they asked you to attend a police station to give evidence?
If not odds are you may get called to court but I cant see how they can make any form of case as its your word against his unless he has an independant witness.
What have they actually sent you?
Have they asked you to attend a police station to give evidence?
If not odds are you may get called to court but I cant see how they can make any form of case as its your word against his unless he has an independant witness.
What have they actually sent you?
Sounds like 'your word against his' scenario. You will be given the opportunity to put your side of the story, which from your original post will not do the other party an favours.
From what you say, sounds like the other driver was looking for somebody to take their frustrations out on. The police will have seen this all before!
From what you say, sounds like the other driver was looking for somebody to take their frustrations out on. The police will have seen this all before!
Thanks for the responses. It is a section 172 that I have received asking me to confirm who was driving.
Should I simply send this back without any covering letter? I actually have the details of the other car involved. Should I report his driving? I agree that he was obviously out to let out his anger of someone, that person being me.
Also to the poster of the "1st great post", I am a regular poster and user of pistonheads, but have used a different username due to the circumstances.
Should I simply send this back without any covering letter? I actually have the details of the other car involved. Should I report his driving? I agree that he was obviously out to let out his anger of someone, that person being me.
Also to the poster of the "1st great post", I am a regular poster and user of pistonheads, but have used a different username due to the circumstances.
Just complete the S172 for now and see how it pans out. At some point you'll probably have to make a statement. If it was just the one witness it'll be your word against his so when you do just be sure to emphasise that in your opinion the manouvre was completed correctly and safely and that the other driver appeared agitated and for some unknown reason appeared to over-react. If you've had any advanced driver or rider training be sure to get this in your statement as it adds weight to your opinion.
If there is just the one witness and your statement emphasises that the incident was more of a case of a vexatious complainant it won't go any further.
If there is just the one witness and your statement emphasises that the incident was more of a case of a vexatious complainant it won't go any further.
I think the police have to give you a NIP within 14 days in order to eventually proceed should they wish to, so sending the NIP doesn't mean they have any evidence, it just means they can keep the case alive until things are clearer. If there really is only one witness and no other evidence then I don't see how they can proceed without an admission from you.
I note that you have details of the other car. I'm assuming you mean you just noted his reg. after the incident with the thought of reporting him, rather than that there was contact between you and an insurance claim pending.
I note that you have details of the other car. I'm assuming you mean you just noted his reg. after the incident with the thought of reporting him, rather than that there was contact between you and an insurance claim pending.
Edited by herewego on Saturday 8th November 11:09
I can't imagine them sending a nip for something so serious on the back of a complaint from 1 member of public.
There must have been someone else corroborating it, indeed there may have been a copper behind you who thought the both of you were racing / acting like nobs and he made the complaiint.
I would send a cover note in requesting plod do everthing possible to obtain any CCTV footage possible as it would form a large part of your defense. The sooner you go for the tapes, the less likely they'll have been recorded over, if they exist.
Good luck, and whatever you do admit nothing - they'll be wanting you to fess up to make this stick.
There must have been someone else corroborating it, indeed there may have been a copper behind you who thought the both of you were racing / acting like nobs and he made the complaiint.
I would send a cover note in requesting plod do everthing possible to obtain any CCTV footage possible as it would form a large part of your defense. The sooner you go for the tapes, the less likely they'll have been recorded over, if they exist.
Good luck, and whatever you do admit nothing - they'll be wanting you to fess up to make this stick.
stuthemong said:
I can't imagine them sending a nip for something so serious on the back of a complaint from 1 member of public.
Speaking from experience, if the person complaining insists on it then i think they would do. They put the three offences on there to cover themselves so that they could proceed with any one of them if they decide to.Also from experience, i would suggest that if your version of events (when you are asked to give a statement) is sufficiently different to the other persons then you may well get a 'no further action' letter.
All the above should not be taken as gospel. Seek legal advice.
Exactly, I've been through this before.
Call up the plod, ask what the background is, ask if the other driver has any witnesses, then detail what happened including a counter allegation of the same offence for the other driver.
Nothing will come of it unless there is some pretty damning evidence against you which it sounds as though there isnt.
Call up the plod, ask what the background is, ask if the other driver has any witnesses, then detail what happened including a counter allegation of the same offence for the other driver.
Nothing will come of it unless there is some pretty damning evidence against you which it sounds as though there isnt.
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