Wagon - Section 170/172??? Help - James davies
Hi please could someone help me, around 6 weeks ago whilst driving g my 8 wheeler skip wagon on a normal height hedge road white lines in the centre upon approaching a corner I met with a lady who was very close to the white lines if not on then however she beeped I beeped there was no contact no collision and I carried on my working day, 4 weeks later I receive a letter from north Wales police saying I left the scene of an accident without reporting it? I did not make no contact there was no collision & as I went around the corner carried in, but apparent she is saying I was over the white line & made her scrape her car against the hedge causing some scratches and damage? How could I leave the scene of an accident when I was non the wiser? I mean we did not touch! Now I've send the information of who the driver was (myself) and I'm waiting for an interview with a police officer, has anyone any experience on this? Am I in big trouble???
Wagon - Section 170/172??? Help - ExA35Owner

You are likely to get good advice if you go over to PePiPoo website and post there. My (not very well informed) opinion is that the police want to find out what happened and then decide what to do about it. At the moment all that they require is that you nominate yourself as driver. Failing to do that would be a big mistake - a lot of fine and 6 points. So the next step is to nominate yourself. That will then give you breathing space to get advice on the steps after that.

Wagon - Section 170/172??? Help - gordonbennet

Get yourself a reasonable quality dash cam, preferably one designed for lorries where you can have rear facing small cameras fitted to both front corner deflectors (or as my company are now doing to the bottom of the mirror casing) and record all three scenes simultaneously.

Much has changed out there but one thing hasn't and never will, the lorry driver easy to blame, you need camera back up now to prove you were not at fault.

I suspect an insurance claim is going to follow whatever the old bill have to say, doubt there will be any bad outcome for you but that camera set up would prove you were in the right and the OS rear facing one would shown how close the other vehicle was you passed by, a good one that covers at least one extra lens won't be cheap though and it will want to be good quality to stand the pounding of a skip motor.

My company are using pro versions of Smart Witness, they are proving totally reliable in 24/7 lorry use, i haven't a clue how much they cost but fitted to some 50 or more lorries now around the country they probably came to some sort of a volume deal.

Wagon - Section 170/172??? Help - James davies
Thanks for the quick replys, I suppose it's her word against mine really but it's quite annoying that even though there was no contact at all no collision nothing whatsoever that all this time & effort plus waiting really is frustrating! Hopefully common sense will avail here! I'm thinking surely this will go no further than an interview which I will be represented with a solicitor and answer littke or nothing as I have not much to say on this matter, we met on a corner she was wide, she's saying I was wide, she scrapped her car, I knew nothing about it as I exited the corner and carried on my working day only to find later a nip 170 through the post!!!!! Failing to stop at the scene of an accident??? 16 years driving no penalty points ever! Not one!!! I'm 35 Not bad is it considering I ride a Honda fire blade as well, I'm just sensible & careful and this person has basically put me in a right old mood! I just want it over with!!!! Still waiting for an interview 3/4 weeks on from sending the details which was 10 weeks ago?
Wagon - Section 170/172??? Help - Miniman777

Couple of thoughts....

Have you seen pictures of her damage, and is it consistent with what a hedge would do?

You could argue she may not have been 100% focussed on her driving and over corrected the steering when she saw you and that's why contact was made with the hedge.

Does your truck have the name on the top or front? If it doesnt, makes me wonder how other driver tracked you, as I guess you maybe an owner/driver.

Does she have dash cam footage, hence the relatively easy trace on your truck? I'd ask the Q, then ask to see the footage - if there is any - before making any further comment, otherwise you seem to be pressured into admitting guilt when it may be more 50/50. Suggestion of interview with a solictor is wise, plod will push the 'what have you to hide' spiel.

Plus, if it was on a corner as you were concentrating on your driving, you would almost certainly be unaware what happened after she passed as you disappear around the bend, so the allegation of leaving the scene is a bit ridiculous and unfair.

She's trying it on, but only she knows what version of events she told the police.

Wagon - Section 170/172??? Help - James davies
Thanks for the quick replys, I suppose it's her word against mine really but it's quite annoying that even though there was no contact at all no collision nothing whatsoever that all this time & effort plus waiting really is frustrating! Hopefully common sense will avail here! I'm thinking surely this will go no further than an interview which I will be represented with a solicitor and answer littke or nothing as I have not much to say on this matter, we met on a corner she was wide, she's saying I was wide, she scrapped her car, I knew nothing about it as I exited the corner and carried on my working day only to find later a nip 170 through the post!!!!! Failing to stop at the scene of an accident??? 16 years driving no penalty points ever! Not one!!! I'm 35 Not bad is it considering I ride a Honda fire blade as well, I'm just sensible & careful and this person has basically put me in a right old mood! I just want it over with!!!! Still waiting for an interview 3/4 weeks on from sending the details which was 10 weeks ago?
Wagon - Section 170/172??? Help - Palcouk

I'm surprised that your memory for a none accident goes back that far. Certainly when I was clocking up 30k miles per year I would not have remembered a non accident in such detail.

When interviewed by the police simply state that no accident took place, and there was nothing at the time to indicate any event occurred

Wagon - Section 170/172??? Help - James davies
No I agree, I only know as when I phoned up the police said which road so I knew I was at a certain quarry that day, that's my idea, I have no recollection sorry, (police) so what can you tell me? (Me) sorry but I have no recollection of any incident taking place on that day, there was no accident no collision hence why I didn't stop, so leaving the scene of an accident I'd just not valid! And I'll mention my clean driving history of 0 penalty points since passing my test 16 years ago
Wagon - Section 170/172??? Help - Brit_in_Germany

For her to be able to "remeber" the registration of your vehicle, it is highly likely she had a dash cam which will show if you were over the line or not.

Wagon - Section 170/172??? Help - Dwight Van Driver

It is your presence on the road she is alleging caused the accident and subsequent damage to her car and such brings into play Section 170 Road Traffic Act 1988 (google it) and its various requirements i.e. stop,exchange details or report.

She has reported the matter to the police and as such plod has to investigate as an apparent offence of fail to stop alleged. In order to establish the driver of offending vehicle they send the reg keeper a form

(1) to name the driver at time of incident ,and

(2) if possible offence careless driving/fail to conform to white line involved information of notice of intended prosecution for this in 14 days,

You have now received this form which should be completed and returned with 28 days else offence committed.

Once plod has drivers detailed they will interview and obtain drivers version.

Be aware that to pursue a charge fail to stop they have to prove driver aware that an accident has occurred and not wilfully shutting ones eyes to the obvious. Harding v Price [1948] - google it. No contact between vehicles very hard to do so.

Ths incident could well be one against one unless she has dash cam evidence or that of person/s passengers in her car at the time or an idependent witness.

Once investigation complete a file,,if offences disclosed, submitted to CPS for final decision if put before a court.

........await a knock on the door.....

dvd

Wagon - Section 170/172??? Help - Middleman

"(2) if possible offence careless driving/fail to conform to white line involved information of notice of intended prosecution for this in 14 days,"

No NIP is required is an accident is alleged to have taken place. Road Traffic Offenders' Act 1988, Section 2.1:

2. Requirement of warning etc. supplementary

(1) The requirement of section 1(1) of this Act [to serve a NIP] does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.

Wagon - Section 170/172??? Help - Dwight Van Driver
Quite right middleman. Old habits never die.
In these cases without an out and out collision I used to serve NOIP as as safeguard
to prevent any subsequent argument and preserve
a possible Sect 3
Dvd
Wagon - Section 170/172??? Help - Middleman

Yes very wise. There's always the argument (as in this case) that no accident occured.

 

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