Notice of intended prosecution

[blup]

IMO sounds like this is changing from copper being helped by his mates to opportunistic crash for cash, all highly speculative though.

Blup

 

[sxturbo]

You say you 'believe' the incident was the one you think it was, but the NIP should state the location. Did it not state the location? That would surely confirm what the issue is about.

Sorry yes it does state the location and the time of which I reported to the insurance company. Which should be this incident.

My brother who is a cop and recently completed his road traffic course finds the whole thing very strange and is convinced that something else is at play here as there were no police on the scene etc etc, he doesn't believe the nip is related to the incident but something else before or after it

It may be that they are investigating the other driver for failing to stop I'm not sure, but so far there doesn't seem any further evidence than my version of events and the other drivers version of events. It is possible the other driver made a complaint to the police, but people think that the police would likely have shrugged it off. It could also be that the other driver is being investigated for failing to stop, apparently we would both get the same NIP letter as part of the investigation.

Maybe someone else reported the incident behind us and had a different view of things, but we just don't know. So need to wait and see what the outcome is.

 

[sxturbo]

. Error

 

[motorbiking]

This doesn’t sound 100% correct but agree it’s wait and see now.

There are circumstances where the NIP can be valid out of time. I’m guessing the lawyer explained why? It depends when the witness reported the issue as this can be a valid delay

 

[Trazor]

I'm going with, must be served within 14 days...

Notice of Intended Prosecution (NIP)

Notice of Intended Prosecution - Does a NIP have to be received within 14 days? What If I do not sign the NIP? What if incorrect details appear on the NIP eg registration number? What is the slip rule? What if I cannot identify the driver?

www.motorlawyers.co.uk

Looks like I am wrong, from my own link.....

"The only obligation upon the Police is to issue the original Notice of Intended Prosecution within 14 days. Despite taking so long to contact you, the delay does not provide you with a technical defence as the Police have 6 months in which to prosecute."

 

[motorbiking]

Where the driver was involved in an accident there is no 14 day rule. However I believe there is case law regarding the reporting and exchanging. Otherwise in this case a person may not know he was involved in an accident. The requirement to report is also only necessary for damage or injury.

It will be interesting to see where this goes.

 

[Brigadier]

It will be interesting to see where this goes.

'Agreed.

 

[sxturbo]

This doesn’t sound 100% correct but agree it’s wait and see now.

There are circumstances where the NIP can be valid out of time. I’m guessing the lawyer explained why? It depends when the witness reported the issue as this can be a valid delay

Because the issue is driving without due care and there was an accident they deem that I am already aware and therefore the police don't need to let me know within 14 days.

The whole thing is bizarre and odd

 

[freddiemercurystwin]

As a knobhead driver aged I think about 18 I was hammering along a road that went from two lanes to one, old chap in the car in front was driving perfectly ok, I shot past him and cut him up, he inadvertently clipped my rear side, insurance found in my favour as he he was behind me when the collision occurred despite his protests, absolutely not his fault. Just saying.

 

[blup]

I think the insurers spoke to each other and this alerted the other driver who complained to the police possibly anticipating a formal complaint on not stopping. The police can only act when they received a complaint hence the 14 day period being missed, they would have to issue within 14 days of being told. Irrelevant that driver "knew" there was an accident. Could be interesting as the other driver might up the ante claiming road rage, but he was in all likelihood driving dangerously for the conditions. Keep us posted.

Blup

 

[fillyboy]

Is tommytanker cockney rhyming slang?

 

[motorbiking]

As I’ve already stated no 14 day limit for drivers involved in an accident. It has nothing to do with the driving without due care. Without independent evidence it’s still hard to prove. My guess is there is dashcam footage.

What I’m struggling with is how he gave a statement thst he was involved in an accident (allowing the nip out of time) without also admitting failing to stop. I think it’s likely he did report within 24 hours.

My guess is that the reporting of the accident to your insurance has triggered the NIP as up until that point you have the defence of “what accident?”.

It does sound like this is plod in the other vehicle.

 

[securespark]

As a knobhead driver aged I think about 18 I was hammering along a road that went from two lanes to one, old chap in the car in front was driving perfectly ok, I shot past him and cut him up, he inadvertently clipped my rear side, insurance found in my favour as he he was behind me when the collision occurred despite his protests, absolutely not his fault. Just saying.

So you did the right thing and accepted responsibility for the collision?

 

[motorbiking]

My guess is the OP may have a failing to report being added. But there may be a defence to that also.

 

[freddiemercurystwin]

So you did the right thing and accepted responsibility for the collision?

What do you think Smarty Pants?