Criminal Record

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Timmnta

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Hi there,

I've had an incident at my current workplace (accidentally hit someones car without realising) and he is now contacting the police for walking away from the scene - This can result in a criminal record and i was wondering whether this can impact gaining a Senior Conductor Role that i'm currently in the process of obtaining?
 
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Halfway Boy

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When was it?

Assuming the other car was not occupied you have 24 hours to report it to a police station or a constable.

If it was occupied and you genuinely didn’t realise that an accident has occurred then get a solicitor who specialises in Road Traffic.

They will be able to articulate a proper defence.
 

JaMa9

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The most likely scenario would be a fine and points on your license. Criminal record would only come about in most serious cases such as serious injury or damage.

BTW if you really did not know that you had an accident then you are not guilty of failing stop and you should be found not guilty.
 

Stigy

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Hi there,

I've had an incident at my current workplace (accidentally hit someones car without realising) and he is now contacting the police for walking away from the scene - This can result in a criminal record and i was wondering whether this can impact gaining a Senior Conductor Role that i'm currently in the process of obtaining?
Even if you were convicted (unlikely I’d say given the circumstances), it’s relatively minor in the grand scheme of things so I’d imagine as long as you’re open with the TOC you’re in the process with, you should be okay.

Is there no way you can deal with it amicably without the need to involve the police? Not sure what sort of relationship you have with this colleague, but it seems to be blown out of proportion if you have an otherwise good working relationship?
 
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If you genuinely didn't know that you'd hit the car and you've since offered to make good the damage etc, then its unlikely to go anywhere.
 

Timmnta

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It's only recently happened, (17.09.19) and up until today i was sure i hadn't made contact with the vehicle, as i checked my car and could not see any damage (further to what was already there) but all of this was caught on cctv so of course looks incriminating. I've had the offer from my TOC and medical and uniform fitting is booked in. I'm due to start November 18th and i'm sure anything coming from this wouldn't be resolved before then, so i'm unsure what to do. The 3rd party involved is refusing to sort it between ourselves unfortunately.
 

Red1980

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It's only recently happened, (17.09.19) and up until today i was sure i hadn't made contact with the vehicle, as i checked my car and could not see any damage (further to what was already there) but all of this was caught on cctv so of course looks incriminating. I've had the offer from my TOC and medical and uniform fitting is booked in. I'm due to start November 18th and i'm sure anything coming from this wouldn't be resolved before then, so i'm unsure what to do. The 3rd party involved is refusing to sort it between ourselves unfortunately.

Personally given you're quite a way along the recruitment process with the TOC it may be an idea to drop them an email explaining what's happened etc...... Yes it's not a nice email to have to write but it shows a high level of honesty and no signs of concealment.....at this moment in time you're guilty of nothing anyway so it's not like they've any reason to retract any offers.

Like I say it's not nice to have to do it but at least it explains something that isn't disclosed in your application form. The last thing you want is them finding out something later then having to explain why you've not disclosed something....which I've witnessed people having to do a couple of times now unfortunately.

It's a tough call I know but honesty is massively important in that grade but your situation at present is there may not be anything to be honest about so like I say it's a tough one given the timing.

Whatever you do I hope it works out ok.
 
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It's only recently happened, (17.09.19) and up until today i was sure i hadn't made contact with the vehicle, as i checked my car and could not see any damage (further to what was already there) but all of this was caught on cctv so of course looks incriminating. I've had the offer from my TOC and medical and uniform fitting is booked in. I'm due to start November 18th and i'm sure anything coming from this wouldn't be resolved before then, so i'm unsure what to do. The 3rd party involved is refusing to sort it between ourselves unfortunately.

I'm not sure what legislation he's hoping to get you on but I'm assuming its S170 of the Road Traffic Act and the duty to report accidents. If so then you don't commit the offence if you are unware that an accident has happened. It also needs to be in a public place, so if it was a in a company car park, then it's likely to be a civil matter anyway.

You've no need to tell the TOC anything at this point because its just some guy saying he's going to report you to to police, and I'm assuming you've heard nothing from them? However as others have said, have a quite word with HR to put your mind at rest.
 

Timmnta

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I'm not sure what legislation he's hoping to get you on but I'm assuming its S170 of the Road Traffic Act and the duty to report accidents. If so then you don't commit the offence if you are unware that an accident has happened. It also needs to be in a public place, so if it was a in a company car park, then it's likely to be a civil matter anyway.

You've no need to tell the TOC anything at this point because its just some guy saying he's going to report you to to police, and I'm assuming you've heard nothing from them? However as others have said, have a quite word with HR to put your mind at rest.

It's only come about today so haven't heard anything as of yet, it just instantly worried me as to whether it could impact my application or not. Frustrating when i'm offering to pay for the damages and he is being like this...
 

C J Snarzell

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Hi mate

As an ex-cop I can safely say you don't really have anything to worry about. The incident described is extremely low level and if the local police force do get involved they will simply ensure your details are exchanged.

As a young cop years ago, I had to follow up quite a few low level fail to stop road traffic collisions (RTCs as they are known) as part of routine files given to me to investigate. I don't remember prosecuting anyone as it was never in the public interest to pursue the matter.

If the car park is private to work personnel ONLY then it is not defined as a public car park under Road Traffic legislation so the police would only treat it as a civil matter and advise the other vehicle owner to take out a private prosecution through the small claims court. Worst case scenario - you may have to pay for the damage but there wouldn't be any recordable convictions against your name.

The owner of the other vehicle sounds like he is being a little unreasonable. Have you spoken to your line manager to discuss this and get it resolved? Is it another work colleague who is the other car owner?

In terms of your TOC prospects - it's not going to be a problem. Even if you got caught speeding and had points added to your licence this shouldn't make a difference either!!!

Like Red 1980 mentioned just give the TOC HR people a bell if it is causing you some concern.

Regards

C J
 

Timmnta

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Hi mate

As an ex-cop I can safely say you don't really have anything to worry about. The incident described is extremely low level and if the local police force do get involved they will simply ensure your details are exchanged.

As a young cop years ago, I had to follow up quite a few low level fail to stop road traffic collisions (RTCs as they are known) as part of routine files given to me to investigate. I don't remember prosecuting anyone as it was never in the public interest to pursue the matter.

If the car park is private to work personnel ONLY then it is not defined as a public car park under Road Traffic legislation so the police would only treat it as a civil matter and advise the other vehicle owner to take out a private prosecution through the small claims court. Worst case scenario - you may have to pay for the damage but there wouldn't be any recordable convictions against your name.

The owner of the other vehicle sounds like he is being a little unreasonable. Have you spoken to your line manager to discuss this and get it resolved? Is it another work colleague who is the other car owner?

In terms of your TOC prospects - it's not going to be a problem. Even if you got caught speeding and had points added to your licence this shouldn't make a difference either!!!

Like Red 1980 mentioned just give the TOC HR people a bell if it is causing you some concern.

Regards

C J
Thanks Buddy, puts my mind at ease. Unfortunately its a shared building as well as public car park to the gym below etc. He works for another company so it's not as simple as speaking with my line manager but appreciate the reply and advice mate.

Didn't want anything jeopardising a year worth of trying to get into the Senior Conductor role
 

Shunter78

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Never in a million years are you going to get a record for that.

Either pay for the damage or let him go through your insurance. I'll be surprised if the police even get involved in the matter, especially if the carpark is private land they'll probably pass it off as a civil dispute.
 

Rockhopper

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If the public are able to access the car park then it’s a public highway as far as the law is concerned. Our work car park is behind a pass card operated barrier so only staff can get in so it’s not a highway.

However I had a bump with another car on a main road (their fault), they drove off, I stopped. I had dash cam footage of the whole thing. I reported it, Police visited us both, viewed the footage and gave the other drive a good telling off and that was the end of it. They did say though that they’d keep a record of the other driver and if it happened again then they’d take it more seriously.
 

TCA

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A. The old bill couldn't give a shti about a bump and fail to stop. They are under resources and it's your word against his so no court will convict unless you confess.

B. You can get a job on the railway with convictions
 

Red1980

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A. The old bill couldn't give a shti about a bump and fail to stop. They are under resources and it's your word against his so no court will convict unless you confess.

B. You can get a job on the railway with convictions

Your example B is very vague tbh. There's lots of convictions that'll stop the railway employing you...... Especially convictions surrounding integrity and honesty.

And even your example A is a bit too general and sweeping (the whole post actually is really) under resourcing doesn't give everyone a free ride and there's plenty of things the police will pursue especially if the CPS feel it's in the public interest.

Not to mention it's not actually his word against his......there's evidential CCTV footage.
 

C J Snarzell

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Aside from your railway application, I would be raising this issue with your current employer.

I don't know what you do for a living or the size of your workplace and work force. Clearly a situation like this needs raising with your line manager because although there may not necessarily a discipline issue, there is certainly a welfare issue for you because of the stress and anxiety it is causing.

I used to work in a large distribution depot when I was in my early 20s that employed a work force of 200 people. At the time I had a new Vauxhall Corsa that was damaged while I was at work when another worker reversed into the front of it causing £300 pounds of body work damage. I knew who the culprit was but I couldn't prove it although his battered old Ford Sierra had traces of blue paint on his bumper that had come off my car.

Sadly, there were no CCTV cameras on the car park and when I raised the issue with my team leader she actually went speaking to the other worker who was Mr Obnoxious and insisted he had a union rep with him before speaking to anyone in authority. He denied it anyway so I hadn't a leg to stand on and had to foot the repair bill. Needless to say I left the company a few weeks later and began parking my car on the road outside the main gates during the remainder of my time there.

My final point is that this was a similar situation to your own and it was NOT a police matter.
 
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Really? Good luck getting a job as a driver with a drink-drive conviction...

Yes really.

He means having a conviction doesn't automatically bar you from getting a job on the railway - and neither should it, although there will be roles that it could be an issue of course.
 

LCC106

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Might be worth reporting it to the police yourself (if it isn’t the police that have contacted you) and telling them you’ve only just been made aware of it, hadn’t realised you’d hit the car, have offered to pay for the damages and ask their advice.
 

TCA

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Your example B is very vague tbh. There's lots of convictions that'll stop the railway employing you...... Especially convictions surrounding integrity and honesty.

I wouldn't be so sure if I were you.

And even your example A is a bit too general and sweeping (the whole post actually is really) under resourcing doesn't give everyone a free ride and there's plenty of things the police will pursue especially if the CPS feel it's in the public interest.

Not to mention it's not actually his word against his......there's evidential CCTV footage.


I see your point and should have given a Thirty Thousand word examination of why trivial crap like that won't be of interest to the old bill.
 

Stigy

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Really? Good luck getting a job as a driver with a drink-drive conviction...
Having a drink driving conviction wouldn’t necessarily stop one getting a train(ee) driver job. All convictions will be treated on their own merits taking no doubt several factors in to account (such as the nature of the conviction time and lapsed since the conviction).
 

Red1980

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I wouldn't be so sure if I were you.




I see your point and should have given a Thirty Thousand word examination of why trivial crap like that won't be of interest to the old bill.

Doesn't need a 30 thousand word essay to blow your argument into a million pieces.
 

Red1980

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Really? Good luck getting a job as a driver with a drink-drive conviction...

I wouldn't waste your time with this one mate. Everyone who works on the Railway knows there's one or two things that'd pretty much get you the bullet instantly..... especially if not disclosed......yet this guy seems to think it doesn't matter if you're applying from scratch. Sigh
 
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