NIP - Driving without due care and attention

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Adam

Adam

Adam

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This is an interesting situation, my wife received notification that there is an intention to prosecute her for driving without due care and attention. We think we have an idea what this could relate to but so far have only returned the form to identify the driver (she is not the registered owner).

On a journey to the shops my wife noticed a man furiously waving at her in a way that suggested she should slow down. The road was clear, she doesn't believe she was speeding (no speed output on the dashcam to back this up) but the road in question has an almost blind bend. She mentioned it to me once she got home and this date corresponds with the date on the NIP. I've checked the dashcam footage on this date (I'll come on to this in a minute) and this is the only thing it could relate to.

On the dashcam footage my wife comes around the corner and you can clearly see the man standing by the side of the road with his young child and a scooter gesturing at my wife. It looks like they are attempting to cross the road just past the corner which isn't the safest of places but they hadn't stepped out in to the road. There's no crossing or traffic lights, just a standard residential 30mph road. However, there is another car on the other side of the road approaching and another car behind them so even if my wife hadn't been there then he couldn't have crossed the road anyway.

What I suspect has happened is this guy is an off duty policeman and has reported her on the basis that he was already in the road and had to jump out the way with his child to avoid her. I find it incredible that it's gone this far already on what seems like one person's account against another.

I'm very interested to see what comes back next. I'm guessing there will be some form of offer for her to take the fine and points without taking it any further. I think the evidence we have is overhwhelmingly in her favour. Does anyone know at which point we can present the dash cam evidence or is the only opportunity to take it to court?
 
Wait until you know what it relates to first. I mean unless you are pulled or they have obvious CCTV evidence, I am not sure how they would pass the bar for a conviction?
 
ShiWarrior said:
is this normal for them to send a letter like this without explaining why ?

does seem rather odd, its like me send you a letter and saying "im going to take you to court"
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I’m not sure, presumably they would have reviewed the statement and decided there was something in it hence sending the request to identity who was driving. I’d be very surprised if we go through that process and then not hear anything again. I do agree with you though, hence why I think it’s an off duty policeman as if a member of the public were to make a report I can’t see it would be followed up on given the police’s resources unless there were multiple witnesses or some form of evidence? It even crossed my mind if the letter was genuine but everything seemed to match up when I googled it and it was sent to me as I’m the registered owner.
 
As you say video should exonerate her, if, you neeed to present it ... they can estimate your speed off of it ...
motorists coming the other way/pedestrians might have stopped in concern, or had cctv themselves.

since normally if you're in peril, I've found you forget to clock the registration plate (was cut up by a policecar on a bike), maybe off duty policeman are more observant
.
 
If everything is as you say in the OP then she should be fine. I take it "NIP" is "notice of intention to prosecute" and is a court summons rather than just a fixed penalty ticket? If it is a fixed penalty ticket I would ask for more details of what the incident was. If it's what you think it is then refuse to pay and tell them you'll see them in court. Maybe tell them you have dashcam footage.
 
A bit late now, but if the NIP didn't include date, time and location of the alleged offence I'd be inclined to respond asking for those details so you can confirm who was driving the car. I guess your wife is the driver 99.9% of the time, but what if it was recently serviced and someone from the garage was test driving, or you were running an errand in it.
 
I take it they’re stated the time and place the incident happened, so they can’t argue the dash cam footage isn’t what the incident is?

Also, can the police prosecute you like this by taking you straight to court without stopping you at the time of the incident?
 
Jokester said:
Also, can the police prosecute you like this by taking you straight to court without stopping you at the time of the incident?
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I believe they have a certain amount of discretion on how to handle things, e.g. a stern talking to, fixed penalty notice or if the incident is severe enough then charges. I don't know about the straight to court part, you would think there would still have to be CPS involvement. Hopefully someone with real knowledge of this will come along, I'm just speculating.
 
[TW]Fox said:
Yes, that is exactly what a NIP is for, to allow this.

If they couldn't then speed cameras wouldn't work.
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Yes, but speed cameras produce actual evidence that (at least I think) is provided to you at the time of the NIP.

Maybe I'm missing a bit here, and they're just asking who was driving - then they will provide full details of the offence.
 
Jokester said:
Yes, but speed cameras produce actual evidence that (at least I think) is provided to you at the time of the NIP.
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Depending on context though witness statements are also a form of evidence.

I don't disagree with your sentiments btw, but sadly that's the law.
 
Could she of been on the phone at any point? (And be honest, does she check her phone while in traffic lights or answer calls?)

Theres a lot of people submitting photos/videos of mobile phone use to the police now and they ARE using prosecuting with that footage.
 
As said, your evidence should back you up well enough.

My mum pulled out on a car that she subsequently hit and was given a penalty for driving without due care and attention which we thought was very harsh. She was pulling out of a side road with parked cars either side and the small car she hit was going so fast they levelled a lamppost on the other side of the road. She didn't see them because they were doing about 70 in a 30.

Harsh outcome, but they actually offered her a course instead of points so it didn't affect her directly any more than the accident would have anyway.
 
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