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Poolhog

Joined:

Nov 10

Posts: 10

Poolhog says:

driving without due care and attention

Help can you help me. I am 16 and passed my CBT 6 weeks ago, i ride a Honda 50cc motorbike with 5 gears (not a twist and go) after passing my CBT and before riding on the road on my own my dad a motorcyclist for 25 years followed me and coached me prior to letting me out on my own, therefore i feel that i am very sensible and conscioenscous rider. I always ride within my ability and within the speed limit. My question is as follows, i have received a NIP for driving without due care and attention, as i allegedly hit a motorists mirror with my handlebar on the way back from college. The road where it allegedley happened is a busy inner city centre dual carriageway with a 30mph limit leading up to a roundabout and at that at this time of the day (5.40) is backed up bumper to bumper. At the time of the alleged incident i was filtering through the traffic at approx 10mph, i cannot recall hitting a wing mirror, and i would have thought if this happened i would feel a heavy hit on the bar, especially if the impact was sufficient to do any damage ?? Therefore my question is what should i do ?? ask for evidence ?? Clearly state that although i was passing down this route at this time of the day i have no recollection ??? Please can you advise as i have only been riding for 6 weeks and i am very worried. Thanks

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  • Posted 3 years ago (08 October 2011 17:45)

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robsot

Joined:

Feb 10

Posts: 871

robsot says:

..

if you don't think this happened (if u hit someones wing mirror while filtering you would definitely feel it.) then appeal against it. 

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AdieR

Joined:

Apr 08

Posts: 3071

AdieR says:

If you had hit it

you definitely would have felt it.

Don't know how you went about filtering, but I always (as far as possible) try to keep a door's width away from the traffic as an escape route if they do owt stupid.

Have a look on your bike (esp your bar ends) for any damage / different coloured paint etc - if there's none, then challenge your NIP. ACIC on here will be able to advise you on how to go about it.

One final point of advice: car drivers often don't like bikes filtering (indeed, some believe it illegal, which it's not).

Hope that helps.

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Poolhog

Joined:

Nov 10

Posts: 10

Poolhog says:

driving without due care and attention

Thanks, there is no marks on the grip or lever, my dad and i checked them both. When you say on here i can challenge NIP ACIC do i need to post up the details or run another search.  Thanks

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MarcusMarsh

Joined:

Aug 09

Posts: 2698

MarcusMarsh says:

NIP

No way you can hit a mirror on a bike without knowing about it.  Contact ACIC for further advice before doing anything. 

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Andyvfr1

Joined:

Apr 10

Posts: 246

Andyvfr1 says:

Challenge it

ACIC is a lawyer who trawls these forums.

Trust me, you wouldnt hit someones car without knowing it, definaetly a false allegation and i dont see how they can possibly win by word of mouth, there is surely no evidence to suggest any damage done to their vehicle was caused by you.

Also surely hitting a car while filtering would not be case for driving without due care and attention, that would be an insurance issue since it would be an accident that was caused doing something totally legal...... 

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Poolhog

Joined:

Nov 10

Posts: 10

Poolhog says:

driving without due care and attention

Thanks loads for the replies. We have decided to challenge it.


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