In due care and attention

Hi everyone got a letter from the police asking about an offence of in due care and attention and hitting a parked car without giving details I can’t recall hitting the vehicle tho I was there I’d been driving about six weeks and got tight to a few vehicles wat can I expect if found guilty I drove slowly I wasn’t erratic just inexperienced

Get them to show you proof

Get legal no advice rather than a forum. It could really affect your licence

Burden of proof is on them.

As above, get legal advice and don’t admit to anything, its up to them to prove!!!

Acorn:
Get legal no advice rather than a forum. It could really affect your licence

This…get legal advice …not information from some armchair lawyer.
Use your Union solicitors…WAIT…you are in a Union arnt you?

This is where the trackers & DVS cameras come into their own, the Plod need to state an exact time/date/position IIRC, and hopefully your employer has paid his/her dues to the tracker/camera supplier, so they can download the required info…I`ve used it twice now to get drivers off the hook, so fingers crossed for you :wink:

Sounds like someone trying it on or someone said “I saw a truck nearby”. One thing I can tell you is police aren’t bothered if you actually did hit it or not, they just need to remove it off the books to keep the higher ups happy.

Presumably your employer has already had the driver details request if its been passed to you. Be worth asking of they have legal people as you defo need legal advice. Even Citizens Advice might be able to help, but prob not so much here.

Btw, do double check from tacho printout you were even driving that trick at the time! Also remind the office that driver convictions might be reported to the traffic commissioner, which might get them to start them helping you!

Due care can be 6 points as I found out when some police twasak near our work tried insurance scam on me and got his mates involved…kindof failed, now they can all go screw. Never ever trust them.

It’s a trick as old as the hills.A car owner scrapes his garden wall or gatepost then gets the number of the first lorry that passes to claim against.

As stated above and check the truck for any dents and paint work. If you hit a car you will leave some.

I remember a few years ago I was on artic bulk tippers running sand from Lafarge Arlewas up the A38 to Swadlincote, About the 3rd day in I had a phone call from the gaffer to pull over and check tailboard as somebody has phoned in and complained that I had stone spilling out and its smashed his windscreen.
I told my gaffer that it was impossible that I had stone spill out as I had sand for the last 3 days and I had the paperwork to prove it. My gaffer then phoned the shyster to tell him to get ■■■■■■ as we had proof that I hadnt touched stone for a few days. Funnily enough we never heard anymore from the complinent.
There are always people about with very low morales and im afraid that as a truck driver you are a very easy target.

Loaff1:
Hi everyone got a letter from the police asking about an offence of in due care and attention and hitting a parked car without giving details I can’t recall hitting the vehicle tho I was there I’d been driving about six weeks and got tight to a few vehicles wat can I expect if found guilty I drove slowly I wasn’t erratic just inexperienced

I had this about a year ago now for the old firm I used to work for. I drove down a street and know for a fact I didn’t even get close to anything, few months later the boss had a letter. I took pictures of all around the truck, and wrote a letter back telling them how long I’ve been driving and that if I’d have hit anything there would be damage on my truck and I’d know about it. I don’t work there now but haven’t heard of anything since then. Absolute chancing vermin scumbags.

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msgyorkie:
I remember a few years ago I was on artic bulk tippers running sand from Lafarge Arlewas up the A38 to Swadlincote, About the 3rd day in I had a phone call from the gaffer to pull over and check tailboard as somebody has phoned in and complained that I had stone spilling out and its smashed his windscreen.
I told my gaffer that it was impossible that I had stone spill out as I had sand for the last 3 days and I had the paperwork to prove it. My gaffer then phoned the shyster to tell him to get [zb] as we had proof that I hadnt touched stone for a few days. Funnily enough we never heard anymore from the complinent.
There are always people about with very low morales and im afraid that as a truck driver you are a very easy target.

To be fair I’ve been behind tippers and there’s the odd bricks which come up from tyres.

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ag1992:

msgyorkie:
I remember a few years ago I was on artic bulk tippers running sand from Lafarge Arlewas up the A38 to Swadlincote, About the 3rd day in I had a phone call from the gaffer to pull over and check tailboard as somebody has phoned in and complained that I had stone spilling out and its smashed his windscreen.
I told my gaffer that it was impossible that I had stone spill out as I had sand for the last 3 days and I had the paperwork to prove it. My gaffer then phoned the shyster to tell him to get [zb] as we had proof that I hadnt touched stone for a few days. Funnily enough we never heard anymore from the complinent.
There are always people about with very low morales and im afraid that as a truck driver you are a very easy target.

To be fair I’ve been behind tippers and there’s the odd bricks which come up from tyres.

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Yes that happens coming off a site where the driver hasnt checked his rear axles for bricks that have caught between the tyres.
My case was a blatant ■■■■■■■■ …trying to claim for a new windscreen by claiming stones where spilling out of the TAILBOARD when in reality I only had sand on board.
A bit different to a brick wedged in the tyres.

Many years ago I was reported to our TM for allegedly taking the door off of a post office van near Lichfield, they even had my reg number. Luckily my delivery note confirmed that I was tipping in Sheffield at the same time. :wink:

Pete.

It can be very easy to clip or scrape something without realising it and therefore to drive off leaving the scene of an accident. This does not automatically mean the driver was acting without due care and attention.
Make sure there actually was an accident and that you were definitely the driver involved.
Worst case scenario, explain it was an accident you weren’t aware of and are willing to take the reasonable action to make right, although any damages should be dealt with by the companies insurance

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Gidders:
It’s a trick as old as the hills.A car owner scrapes his garden wall or gatepost then gets the number of the first lorry that passes to claim against.

This ^^^^^

I’ve had this nonsense in the past - it really does happen.

I did something similar in November. No news ever since.

I hate to be a pedant (actually, I don’t) but there is quite the difference between driving in due care and attention and driving without due care and attention.

It’s down to them to prove your guilty. Not for you to prove your innocence. The police don’t give a toss, your just a name on a file, for a claim.
State you have no knowledge of the incident and to the best of your knowledge and belief didn’t knowingly hit anything.

They must provide evidence ( proof) that you were guilty. Is there cctv footage? Witnesses?

You could also state afterwards that if the claim is proven that you are innocent, you would like to make a counter claim against the claimant for making a fraudulent allegation. Also bringing your character into disrepute.Insurance fraud is a criminal offence and actually quite serious.

If your not in a Union, join one now. You could always leave once this blows over. My union is ten quid a month.