Just had a call from one of the agencies I worked for back in Sept saying the client needs me to sign to confirm I was driving a vehicle on specific date - called the client and they said it was in connection with a road traffic offence.
I’d had a couple of small scrapes when working for that company as it was driving a 26t around the city centre (no incidents since) but neither of them were on the date in question.
The guy I spoke with said the traffic commissioner usually only get involved in serious cases so I should be taking it with upmost seriousness.
Could this be something like accidentally turning into and driving up a one way street (embarrassed to admit I’ve done this accidentally) or is it likely to be something like a tacho infringement/tapping sat nav whilst driving (which I’ll admit I’ve done a few times but would be surprised if it’s this)?
Don’t sign anything until you are sure you were driving! Ask to see the letter for the details so you know what’s going on.
I would be checking your taco records to make sure it was you.
A diary where you record what truck you drive each day is handy for this sort of thing
Edit to add, it may not be the offense it’s self that was serious but given it was September it might be not reporting or declaring a driver that the TC is involved for
I’ve just confirmed that it was apparently in connection to a collision which doesn’t make any sense to me.
The only thing I can think of (a bit of a long shot) is one day where I’d pulled over to use phone and somebody came and asked me if I’d caught their car whilst squeezing down the narrow street - there was also a bin wagon and a palletways wagon driving around at the time. I just said ‘no, I only pulled over to use my phone.’ They did phone it through to my employer who confirmed nothing seen on the cameras. I can’t see it being this tbh.
I’m still understandably a bit concerned. I’ve only ever had minor scrapes in my time driving and none recently as I generally tend not to attempt manoeuvres I’m sceptical about and will always get out and check the street to see if I can get down, even if I’m in a hurry.
I’ll bet it was the guy whose car got scraped. Maybe trying to say I’d not stopped at scene of incident or something - I was just an easy target having pulled up further down the street.
Don’t sign anything as mentioned as neither the agency or the client have your best interests at heart (regardless of what they say!). They just want you to sign something to get it off their backs regardless of whether you did or didn’t do anything. Also means they don’t have to deal with one of their own people committing the offence. Easy to dump it on an agency driver.
The client should know who was driving as all they have to do is download the tacho head which will give all the details including who was driving and whether the truck was even moving at the time of the incident. Plus if they’re doing their job properly, they’ll have downloaded your card which will back this up. It sounds like they haven’t done either or are simply trying it on.
On an NIP, it’ll ask them to send details back to the appropriate authority of who was driving then you’d be contacted directly so again this is starting to smell of b/s by the client. They wouldn’t need you to sign it.
If it’s a collision, ask for proof that it was the truck you were driving. Someone saying “I saw x truck in the area” is not proof. Basically CCTV or lots of witnesses is proof. No proof, no offence.
If it’s regarding a collision, that’s a matter for the police not the traffic commissioner. The latter might possibly get involved if you were found guilty of failing to stop at an accident and provide details (with the emphasis on might), but that’s still a police / court matter first and foremost. Suspect this bit is total fabrication from the client to get you to fess up to driving for reasons above.
People do regularly claim their car / van / property has been hit by some random truck. Even had a police officer claim this one on me until several police officers couldn’t find a spec of damage (amazing how many manage to turn up when it’s one of their own). Most likely they actually pranged the car in a car park and don’t want to claim on their insurance.
Things not to do:
Sign anything regardless of what it is without studying the original first.
Sign anything without printouts of the tacho head stating it was your card in it.
Sign anything at all in most circumstances as it really sounds like they’re trying it on!
Go to see the client or go to the agency offices. They can send you things in the post, don’t waste your time.
Oh and from what’s being described here, the company is bs’ing and you’ve got nothing to worry about. Forgot, we’ve all had minor scrapes, it’s just part of learning to drive these oversized things in stupidly small spaces.
Apparently they checked the tacho and I was driving on the day - having thought about the dates I’m fairly sure it’s in connection with the abovementioned incident.
The thing is that I can’t be ultimately sure that I didn’t snag a car whilst driving slowing down an extremely tight street. It’s more that I don’t think I did as I’ve immediately realised both times I’ve done it and there were also several other possible culprits driving down the same street who didn’t stop like I did.
What I’m worried about is the consequences in the unlikely event that it really was me or in the event that I get blamed anyhow. Scrapes happen but not exchanging details at the scene could be seen as a hit and run.
There must be something more to it if the TC are involved. Would this be classed as ‘undue care and attention’ in the worst case scenario or would it likely just go through the insurers if they ‘decide’ I’m responsible. It goes without saying that one can be paying attention and still misjudge something or have an unlucky moment.
I really don’t think I did scrape a car (I’d have stopped) but I’m still going to have to have to approach this situation carefully.
Still don’t sign anything at all as in such an event it would be a police matter. If the police have contacted this company, it’s up to them to provide the police with your details and they’ll contact you directly. It’s not for the company to get you to fess up.
Deny everything and don’t even admit to “maybe possibly” have hit a car as they could try to use that against you. If you genuinely didn’t know you’d hit something then there’s reasonable grounds for you to drive on as you’re driving a very large vehicle where you wouldn’t feel a slight bump. It could well have been one of the others or might have been in the supermarket car park by the missus or the owner pranged it after going to the pub!
Honestly think the TC stuff is b/s to scare you into confessing as you’ve not been convicted of an offence. They have to do sent details by police, court or VOSA officials with plenty of proof of something and even then might not be interested in something so routine. It’s not like you were drink driving or anything very serious.
Just ask them for originals of everything including all proof that it was your card in the tacho (don’t take their word as they seem like lying scumbags) and then ask them for proof that the accident happened where it’s claimed. Since it’s very unlikely they can, ignore anything that’s not police or court sent directly to you. If they keep badgering you, just tell them provide originals of ALL material and leave it at that. Will likely not hear from them again.
I think the depot manager did say it was in connection with an offence but I could be wrong.
What strikes me as odd is that after the day in question when I’d told the client I didn’t think I’d hit something, they we’re referring to it as ‘when you hit that car’ which made me assume that they were just going to put it through the insurance and not quibble.
However, had they done so I don’t see why there would still be an issue, unless it’s a belated enquiry into me ‘driving away’. Maybe the insurers decided not to pay out due to no CCTV footage and my report that I was unaware of hitting anything and the owner is raising a fuss.
I’ve checked my clock card from that week and doesn’t show me as being in that day. I may have forgotten to sign both in and out (although if I do forget it’s usually only on the way out). I’m thinking I may well have been in, but having left my tacho in the machine at least once previously I’d defo need to check that this wasn’t the case before admitting to driving on that day.
Also need them to confirm that this was the same day I filled in an incident report about the above. Really I think they should be more forthcoming with info as they will defo have records of whether the above refers to same day I filled in report (although admittedly I need to also keep my own records in future).
Don’t admit anything. It sounds like someone wants to blame a random agency driver. Ask to see some really solid evidence. And even then don’t sign anything.
I’ve checked my clock card from that week and doesn’t show me as being in that day. I may have forgotten to sign both in and out (although if I do forget it’s usually only on the way out). I’m thinking I may well have been in, but having left my tacho in the machine at least once previously I’d defo need to check that this wasn’t the case before admitting to driving on that day.
Also need them to confirm that this was the same day I filled in an incident report about the above. Really I think they should be more forthcoming with info as they will defo have records of whether the above refers to same day I filled in report (although admittedly I need to also keep my own records in future).
You still don’t know if you were working that day?
Do a print out from your card for the day in question: reg number of vehicle will be on that.
Lesson for us all here. If we fill in any forms, just take a photo of them with our phone, there and then.
Well, the agency just sent me across the doc. It’s an enquiry asking for the name of driver in connection to a charge of driving without due care and attention - presumably arising from the guy claiming I hit his car.
I’m amazed that allegedly catching a car whilst turning constitutes a motoring offence tbh. At other places I’ve worked drivers have written off trucks/had full blown accidents and not encountered anything like this.
Tailschwing:
Well, the agency just sent me across the doc. It’s an enquiry asking for the name of driver in connection to a charge of driving without due care and attention - presumably arising from the guy claiming I hit his car.
They still need to prove beyond reasonable doubt YOU we’re driving, say nothing, wait for them to prove you we’re driving said vehicle on said day.
Your defense is I drive so many different motors I can’t remember.
Don’t even think about signing anything Pal, Ask for evidence any video or any proof or ask company to provide any damage to the vehicle or trailer that day, if none is recorded than you are not to blame for anything, don’t play Mr Nice Guy for one second, Stand your ground and ask for evidence Goodluck x.
Surely the TC cannot be involved until an offence has been referred to them by an agency such as the police or VOSA? They do not have investigatory powers I believe?
Otherwise every Joe public could report every perceived complaint to them and they would be very busy indeed.
And if the police have not even established who was driving they cannot have charged anyone so nothing to report.
Sounds like the agency/customer is just trying to scare you into taking the blame. As said, sign nothing…