Being too hard?
Discussion
A few weeks ago j had a hit and run while i was parked up in the bus. The guy caught his n/s mirror on my rh rear corner with such force that the whole thing came off and flew over the top of the bus.
Well no chance of getting a reg, but another motorist returned and gave me all the info.
Reported to local plod house to let nature take its course. Well it transpired that the driver went to my firm and admitted all and i thought ,great my day in court to nail the bugger. But no The local CPS feel that a 'caution' is warranted.
personally i feel that he should be done, as in their oft quoted words
'supposing it was a small child'
I have had two phone calls from the plod side saying that the caution route is the one CPS wish to take. I am also adamant that they do him for not stopping, as he gets away with it now, and next time it might well be more serious. Am i being a bit OTT about this? After all the witness saw him stop and check his damage further along the road and he had time to come back and exchange details ( after all the witness did have the time.
Well no chance of getting a reg, but another motorist returned and gave me all the info.
Reported to local plod house to let nature take its course. Well it transpired that the driver went to my firm and admitted all and i thought ,great my day in court to nail the bugger. But no The local CPS feel that a 'caution' is warranted.
personally i feel that he should be done, as in their oft quoted words
'supposing it was a small child'
I have had two phone calls from the plod side saying that the caution route is the one CPS wish to take. I am also adamant that they do him for not stopping, as he gets away with it now, and next time it might well be more serious. Am i being a bit OTT about this? After all the witness saw him stop and check his damage further along the road and he had time to come back and exchange details ( after all the witness did have the time.
silverfoxcc said:
A few weeks ago j had a hit and run while i was parked up in the bus. The guy caught his n/s mirror on my rh rear corner with such force that the whole thing came off and flew over the top of the bus.
Well no chance of getting a reg, but another motorist returned and gave me all the info.
Reported to local plod house to let nature take its course. Well it transpired that the driver went to my firm and admitted all and i thought ,great my day in court to nail the bugger. But no The local CPS feel that a 'caution' is warranted.
personally i feel that he should be done, as in their oft quoted words
'supposing it was a small child'
I have had two phone calls from the plod side saying that the caution route is the one CPS wish to take. I am also adamant that they do him for not stopping, as he gets away with it now, and next time it might well be more serious. Am i being a bit OTT about this? After all the witness saw him stop and check his damage further along the road and he had time to come back and exchange details ( after all the witness did have the time.
it wasn't a small child it was a busWell no chance of getting a reg, but another motorist returned and gave me all the info.
Reported to local plod house to let nature take its course. Well it transpired that the driver went to my firm and admitted all and i thought ,great my day in court to nail the bugger. But no The local CPS feel that a 'caution' is warranted.
personally i feel that he should be done, as in their oft quoted words
'supposing it was a small child'
I have had two phone calls from the plod side saying that the caution route is the one CPS wish to take. I am also adamant that they do him for not stopping, as he gets away with it now, and next time it might well be more serious. Am i being a bit OTT about this? After all the witness saw him stop and check his damage further along the road and he had time to come back and exchange details ( after all the witness did have the time.
are you saying he should be done because he hit your bus, or because he hit your bus and didn't stop
because your suppose it was a small child b
ks doesn't really apply to not stopping, because not stopping where there is potentially property damage is a different scenario to where there is potential injuries, one you are required to stop, the other can be reported within 24hoursI'm also not sure what the bit about it transpired that the driver went to my firm and admitted all
are you saying that happened when the police got in touch with him, or before? because if he got in touch on his own accord and gave them his details i don't see why the cps are involved at all, as no offense has been committed except a possibly driving without due care and attention, which can be dealt with as a fixed penalty.
if i had a £ for every bus that has clipped my wing mirror and not stopped, i would have upwards of £2
Sounds like he's accepted a formal police caution - which is an admission of guilt and will show on his record.
https://www.askthe.police.uk/content/q562.htm
What would you hope to achieve by pursuing this through the courts ?
https://www.askthe.police.uk/content/q562.htm
What would you hope to achieve by pursuing this through the courts ?
ging84 said:
because your suppose it was a small child bks doesn't really apply to not stopping, because not stopping where there is potentially property damage is a different scenario to where there is potential injuries, one you are required to stop, the other can be reported within 24hours
You are mistaken. The legislation requires that following an accident a driver must stop. In terms of this requirement there is no distinction between accidents where there is injury and those where there is property damage.ks doesn't really apply to not stopping, because not stopping where there is potentially property damage is a different scenario to where there is potential injuries, one you are required to stop, the other can be reported within 24hoursThe requirement to report an accident (where details are not provided at the time) is also the same regardless of whether there is property damage or injury - in both cases it must be done as soon as reasonably practicable and in any case within 24 hours.
The only difference in the requirements between injury and property damage accidents is that in the case of the former there is an additional duty to produce a certificate of insurance either at the scene or when reporting.
Cat
He did stop. What's the rule, 'stopping in such a time and place that it would be reasonable for any concerned party to obtain the relevant details' (that's not the wording, but the meaning is close enough). Your witness was able to do this, so he's stopped.
Have a think about the physics of the thing and ask yourself, did the wing mirror really fly over the bus, or did I make that up for dramatic effect on the Internet?
Have a think about the physics of the thing and ask yourself, did the wing mirror really fly over the bus, or did I make that up for dramatic effect on the Internet?
ferrariF50lover said:
He did stop. What's the rule, 'stopping in such a time and place that it would be reasonable for any concerned party to obtain the relevant details' (that's not the wording, but the meaning is close enough). Your witness was able to do this, so he's stopped.
Why make stuff up if you don't know what you are talking about?He almost certainly didn't stop as required by law. There is case law that a driver who drove a short distance (less than 100m) to stop somewhere convenient and then returned to the scene failed in his duty to stop.
Cat
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