points on the licence
Discussion
Under the original Road Traffic Acts, due care etc only applied to a road. However, under the Motor Vehicles (Compulsory Insurance) Regs, 2000 and case law, public place was added, so if an area that public has access to then offence of due care can be committed.
Due care attracts a max penalty of &2,500 fine, discretionary disqualification and between 3 -9 points.
As an accident is mentioned then no need for NOIP.
I take it you have received a summons for this offence so it looks as if your driving has been observed and so presumably you were interviewed by the Police who from their enquiries have found sufficient evidence to put the matter before a Court.
Owing to some confusion in your post, if you have had a summons and still do not know what is happening then suggest a visit to CAB and have a word with their Solicitor and run matters past him.
DVD
Due care attracts a max penalty of &2,500 fine, discretionary disqualification and between 3 -9 points.
As an accident is mentioned then no need for NOIP.
I take it you have received a summons for this offence so it looks as if your driving has been observed and so presumably you were interviewed by the Police who from their enquiries have found sufficient evidence to put the matter before a Court.
Owing to some confusion in your post, if you have had a summons and still do not know what is happening then suggest a visit to CAB and have a word with their Solicitor and run matters past him.
DVD
i thought that too but it was a b and q car park maybe its different the first i knew of it was through a NIP i called the cops to ask what it was about then i sent back the nip after this i received the other partys solicitors letter detailing the damage and demand for payment which i dealt with,after 7 years no claims it was a real pain now i have been sent a summons for due care and attention and failing to report which is obvious if i didnt know id done it
Surely you must have been interviewed face to face by the Police? I know there are manpower problems but dealing with offences of this nature by paper trail is weird. Come on Dibble whats going on.Is it now allowed?
Incidentally, and a word to the wise regarding the offence fail to stop/report. If the bump was slight and as you say you were unaware the High Court case Harding v Price 1948 is (or was) the landmark on this in that fail to stop'report offence applies if the drivers knows or suspects an accident has occurred.So to proceed then there must be some evidence of a loud crash or severe jolt. In the case Hampson v Powell 1970 a lorry driver was aquitted as it was held that the knowledge of a driver was a necessary ingredient of the offence. There was no damage to the lorry and whilst the driver admitted being in the relevant area he denied all knowledge of an accident.
DVD
Incidentally, and a word to the wise regarding the offence fail to stop/report. If the bump was slight and as you say you were unaware the High Court case Harding v Price 1948 is (or was) the landmark on this in that fail to stop'report offence applies if the drivers knows or suspects an accident has occurred.So to proceed then there must be some evidence of a loud crash or severe jolt. In the case Hampson v Powell 1970 a lorry driver was aquitted as it was held that the knowledge of a driver was a necessary ingredient of the offence. There was no damage to the lorry and whilst the driver admitted being in the relevant area he denied all knowledge of an accident.
DVD
fisiri said:
i thought that too but it was a b and q car park maybe its different the first i knew of it was through a NIP i called the cops to ask what it was about then i sent back the nip after this i received the other partys solicitors letter detailing the damage and demand for payment which i dealt with,after 7 years no claims it was a real pain now i have been sent a summons for due care and attention and failing to report which is obvious if i didnt know id done it
if you have admited liability then you admited doing it, therefore you have admiting failing to report an accident.
If you haven't admited liability then its your word vs theres unless they have any other evidence or witnesses
Is there any marks on your car with that appeared about the time of the inccident ?
there was a bit of a mark on the front bumper but that was there from parking the car in our very ovrcrowded street and nudging my mates car if there was any thing else its hardly noticeable
thanks guys your input has made me feel better im worried sick ive never had to deal with this situation before
thanks guys your input has made me feel better im worried sick ive never had to deal with this situation before
Please name the Court on the summons and details of the offences.
I still cannot see how they can take this to a Magistrates Court without having interviewed/reported you.
Or is it the other party taking you to a County Court re claim for damages.
Otherwise this must be a windup?
DVD
I still cannot see how they can take this to a Magistrates Court without having interviewed/reported you.
Or is it the other party taking you to a County Court re claim for damages.
Otherwise this must be a windup?
DVD
Dwight VanDriver said:
Sorry fisiri I'm still at a loss.
Can only suggest go and have a session with CAB Solicitor to see what he can make of it.
DVD
Good advice. I can't imagine how a summons could be raised without at least an offer from BiB to interview you, so you can give your version of events.
Unless of course the BiB offered to interview you, and you've turned them down.
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