Accused of careless/not stopping - what happens from here?
Discussion
OP really needs to get specialist advice. Only OP, unfortunate, running pedestrian and possibly bus video can say what definitively happened. OP has received forms from plod, but is reluctant or unable to complete forms due to semantics/ fear of incriminating himself.
OP, contact specialist solicitor quickly, while you still have time to complete and return the forms. Prevarication is only going to cost you in the long run. Forget all the GDPR and cease & desist bullst, it just makes you look bad and is a distraction.
OP, contact specialist solicitor quickly, while you still have time to complete and return the forms. Prevarication is only going to cost you in the long run. Forget all the GDPR and cease & desist bullst, it just makes you look bad and is a distraction.
GasEngineer said:
Yes. OP posted pictures about halfway down page 3.
Yes I saw that, what I meant, perhaps badly worded by me, is we have not seen all the paperwork , there will be at least 1 or possibly 2 more pages to go with that, the first covering page I guarantee will mention alleged offences. But again there is nothing to stop the OP giving the information on a separate letter together with his version of events martinbiz said:
GasEngineer said:
Yes. OP posted pictures about halfway down page 3.
Yes I saw that, what I meant, perhaps badly worded by me, is we have not seen all the paperwork , there will be at least 1 or possibly 2 more pages to go with that, the first covering page I guarantee will mention alleged offences. But again there is nothing to stop the OP giving the information on a separate letter together with his version of events There was also another detailed form of my info which is separate and that I apparently not legally have to complete.
People have said get legal advice, issue is my current situation makes that a no-go unless the police cover the cost of it. Don't think I've got legal on the bike (third party insured due to post code/low value) and I don't want to touch any insurer in case they put a mark on my file - this would send my other car insurance bills to +£5k a year.
Chrisgr31 said:
Surely when you called 999 the operator asked for your details. The police therefore will know, or be able to find out, you were there. They also have someone who has given the registration of your bike. Therefore denying you were there seems a bit pointless!
He's not denying he was there. The form asked for his location at a specific time - at which the truthful answer is that he was 3 miles away.Would it not be sensible to pop into your local police station and ask them for an opinion on what to do?
It won’t cost anything, which seems to a big priority for the OP, and they may actually have a helpful answer to the situation.
Also OP your position regarding the where you were at the time stated on the form is irrelevant. That time is likely when someone reported your details but the police will also know where/when you were there because of your 999 call and they will quite sensibly see that the 2 calls are linked to the same incident.
This issue isn’t going to go away simply because you don’t believe you’ve done anything wrong. You will have to engage with honesty and a better attitude to get anywhere favourable with this situation.
It won’t cost anything, which seems to a big priority for the OP, and they may actually have a helpful answer to the situation.
Also OP your position regarding the where you were at the time stated on the form is irrelevant. That time is likely when someone reported your details but the police will also know where/when you were there because of your 999 call and they will quite sensibly see that the 2 calls are linked to the same incident.
This issue isn’t going to go away simply because you don’t believe you’ve done anything wrong. You will have to engage with honesty and a better attitude to get anywhere favourable with this situation.
GasEngineer said:
Chrisgr31 said:
Surely when you called 999 the operator asked for your details. The police therefore will know, or be able to find out, you were there. They also have someone who has given the registration of your bike. Therefore denying you were there seems a bit pointless!
He's not denying he was there. The form asked for his location at a specific time - at which the truthful answer is that he was 3 miles away.Saying he would have been late for work is a bit of a lame excuse.
Just playing devils advocate.
I’m no lawyer but surely you’re overthinking this. The substance of the form is simply to establish who was riding the motorcycle. Having established who the relevant parties are the consideration of who was at fault is a subsequent and separate consideration (and one for which you may well want legal advice). Pedantry and / or being wilfully obtuse over the details of the form is going to make this worse not better. The form is asking you a clear objective question which you’re absolutely in a position to answer without any doubt or ambiguity. Do so and then deal with the subsequent and more subjective question of fault.
@op
I'd be getting in touch with https://www.whitedalton.co.uk/ pronto. It won't cost you anything to have a preliminary chat...
I'd be getting in touch with https://www.whitedalton.co.uk/ pronto. It won't cost you anything to have a preliminary chat...
So, it continues.
I returned the form as required and had it sent back in early March, with a hand written post-it note attached telling me to fill in section B - the section asking for the driver at the time of the collision. This is despite the form (photo below) saying to fill in either that section *or* section C (which I did complete).
They also asked for "evidence", difficult to provide so far beyond the event. Needless to say this was sent back without a return envelope. I've sat on it as I've complied with my requirements.
I then had a phone call yesterday chasing this form and threatening prosecution for not completing it (while simultaneously saying that I had returned it). They gave a phone number which does not connect (tried 5 times) and said an email address which I get bounce-backs for different spellings of the name given.
Now contemplating next actions. Part of me is leaning toward waiting on a summons for failure to provide information at which time I can point to the form that I returned, that they acknowledge that I did return in time, allowing all other bits to time out.
I returned the form as required and had it sent back in early March, with a hand written post-it note attached telling me to fill in section B - the section asking for the driver at the time of the collision. This is despite the form (photo below) saying to fill in either that section *or* section C (which I did complete).
They also asked for "evidence", difficult to provide so far beyond the event. Needless to say this was sent back without a return envelope. I've sat on it as I've complied with my requirements.
I then had a phone call yesterday chasing this form and threatening prosecution for not completing it (while simultaneously saying that I had returned it). They gave a phone number which does not connect (tried 5 times) and said an email address which I get bounce-backs for different spellings of the name given.
Now contemplating next actions. Part of me is leaning toward waiting on a summons for failure to provide information at which time I can point to the form that I returned, that they acknowledge that I did return in time, allowing all other bits to time out.
kiethton said:
Monkeylegend said:
Why don't you just return in a hand addressed/typed envelope?
I don't have an envelope, printer or stamp and have no idea when I'll get near a post office to do so. Also don't know why I should be expected to front the associated cost.Remember that bus CCTV that may have confirmed your version of events? That's long gone now.
Why drag this out for the sake of the cost of a stamp?
Leave 5 minutes early for work and stop by the local shop and buy a stamp.
Why are you making this so difficult for yourself?
You've established that your delaying tactics haven't work yet, so why continue down this route.
Why drag this out for the sake of the cost of a stamp?
Leave 5 minutes early for work and stop by the local shop and buy a stamp.
Why are you making this so difficult for yourself?
You've established that your delaying tactics haven't work yet, so why continue down this route.
kiethton said:
Monkeylegend said:
Why don't you just return in a hand addressed/typed envelope?
I don't have an envelope, printer or stamp and have no idea when I'll get near a post office to do so. Also don't know why I should be expected to front the associated cost.kiethton said:
I don't have an envelope, printer or stamp and have no idea when I'll get near a post office to do so. Also don't know why I should be expected to front the associated cost.
FFS chap you are just lining yourself up for 6 points here, you may think you have complied and sent it back, but it's not filled in correctly, so effectively you haven't. Just go to any corner shop / newsagent, they all sell envelopes and stamps and there's often a post box right outsideGassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff