NIP and summons on the same day!!!

[Carrotchomper]

He won't be doing it a Lupo..or anything else for that matter..

What was the speed that guy on traffic cops got out of a Lupo GTi?

 

[BTB 500]

What was the speed that guy on traffic cops got out of a Lupo GTi?

124 mph

http://www.mbclub.co.uk/forums/showpost.php?p=539872&postcount=42

 

[W210 Fan]

news news news, the courts didnt send any information through to motoring lawyers so ML didnt know what they were defending against, new court date of 18th dec, thats nearly 1 year after the incident, anybody else think this is a waste of time and tax payers money when we have better things to do/spend out money on??

 

[Londonscottish]

news news news, the courts didnt send any information through to motoring lawyers so ML didnt know what they were defending against, new court date of 18th dec, thats nearly 1 year after the incident, anybody else think this is a waste of time and tax payers money when we have better things to do/spend out money on??

HUGE waste of time and money. Hope it works out ok. Having read this threasd I might do that £99 a year thing with the motoringlawyers people. Everyone's getting very litigeous (sp?) these days....

 

[W210 Fan]

OUTCOME!!!!

been to court today, clerk at the previous hearing which was adjourned due to paperwork being filled in wrong had done something else wrong and lost another peice of evidence, (the section 172 part which I filled in to prove I was there,) so case dismissed due to lack of evidence, dismissed, won or lost I am still angry that so much time and money has been wasted and it has been a real eye opener to the vast money hole that is the english legal system, whatever the outcome my solicitor gets paid, if I loose I pay him, if we win it comes from central funds, so for prep and one day in court for the sum total £50 damage if that so far the uk tax payer has paid out £3.5k, not to mention the other parties solicitors as I assume due to the court c0ck up he gets paid out of the funds too, then there is the magistrates, the court, ushers etc, not efficient in my eyes, and the general sense that nothing is hurried, my missus was by my side and she works in the airline industry, I work with the MoD, everything happens to the minute and everything happens for a purpose and seems much better organised, I know full well that some members of society that have to attend court a lot, (pimps, drug heads, fighters etc) generally dont bother turning up so courts are double booked to make sure magistrates have something to do, but even so it just seems wrong,

anyway rant over as I assume you all have better things to do than listen to right wing bloke vent,

my thanks, to Spinal for suggesting Motoring Lawyers who have worked in the background to get 2 of the convictions taken off before the court and then crop up at the last minute with another court howler to get the case dismissed, my thanks also to Flanaia1 for sending me some great information,

so what have I learnt, that everybody is allowed their day in court ignoring the awful cost that uk tax payer has to foot to supprt it, my driving has changed a bit to as I have no faith in justice in court and the correct outcome will happen so be more defensive than you were before and dont let accidents happen if at all possible, my solicitor upon my arrival at court pointed out that driving without due care and attention is difficult to defend as nobody drives like they did the day they passed there test and that is how the court see `good driving`, which annoys me more as I know a magistrate who is a rubbish driver,

also just been readng back through this thread and motoring lawyers today had lots of google maps with them, wonder where they got that from?

 

[Spinal]

I'm pleased to hear your experience ended... well, not in jail

M/

 

[flango]

Glad it all worked out well in the end

 

[x332race]

Congrats on result....what a waste of everybodys time, effort and money. Should never have got so far.

 

[W210 Fan]

yes, the general opinion seems to be that it was over the top, have spoken to people who have said they have knocked wing mirrors, stopped and shouted at each other, police have turned up and had a small word after and generally nothing has happened, but 1 in every 100 goes the whole hog, and I was at the business end of it, I believe the french have a saying for that, ce la vis?

 

[JasM]

Good result. Shame about the time wasted though.

 

[Dieselman]

yes, the general opinion seems to be that it was over the top, have spoken to people who have said they have knocked wing mirrors, stopped and shouted at each other, police have turned up and had a small word after and generally nothing has happened,

But you didn't stop.....

 

[W210 Fan]

But you didn't stop.....

thanks for that usefull post DM, go back and re-read post 8 for my explaination of what happened and then you will realise why I did not stop, then maybe you will have less of the smug comments,

 

[Dieselman]

thanks for that usefull post DM, go back and re-read post 8 for my explaination of what happened and then you will realise why I did not stop, then maybe you will have less of the smug comments,

Don't need to re-read it, I can remember. You had a collision with a car and didn't stop, she went to the Police within 24 Hrs and reported you. The Police are then obligated to perform and investigation and report you to the CPS.
If you had stopped they wouldn't have been involved or bothered.

You made a reference to other people that have had small collisions and stopped to have a shout, and the Police not following up on it.

The difference was you didn't stop.

 

[stevesey]

Don't need to re-read it, I can remember. You had a collision with a car and didn't stop, she went to the Police within 24 Hrs and reported you. The Police are then obligated to perform and investigation and report you to the CPS.
If you had stopped they wouldn't have been involved or bothered.

You made a reference to other people that have had small collisions and stopped to have a shout, and the Police not following up on it.

The difference was you didn't stop.

As remember it W210 stated he was unaware of the exchange of paintwork until he got home so had no cause to stop.

 

[Dieselman]

As remember it W210 stated he was unaware of the exchange of paintwork until he got home so had no cause to stop.

I remember that too..so at which point he went and reported it did he.?

It's the driving away and not reporting that got him summonsed.

Is it possible to have contact with another car when driving where you don't actually know.? Not in my experience, even when no paint gets removed.

 

[stevesey]

I remember that too..so at which point he went and reported it did he.?

It's the driving away and not reporting that got him summonsed.

True, but if W210 wasn't aware of any contact it is reasonable not to stop.

Thing that puzzles me slightly is that, as W210 reports it, the other party made no attempt to stop and inspect the damage at the scene - certainly if I saw the other party pulling over I'd be asking myself why.

Not being aware of the contact - I'm sure it's possible, gentle glancing contact, radio up loud (bass in particular), potholes...

 

[UnMarked]

True, but if W210 wasn't aware of any contact it is reasonable not to stop.

But once he'd realised there'd been contact he's duty bound to report it (my bolding btw):


Section 170 Road Traffic Act 1988

DUTY OF DRIVER TO STOP, REPORT ACCIDENT AND GIVE INFORMATION OR DOCUMENTS
1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road, an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land
(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned.in section 165(2) of this Act -
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence. This subjection does not apply to the driver of an invalid carriage.
(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver -
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident
(7) A person who fails to comply with a duty under section (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.
(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.
[Road Traffic Act 1988, s 170 amended by the Road Traffic Act 1991, Sch 4].

Sorry if this is wordy but once you get your head around it it becomes clear (ish)

 

[st4]

I never knew you had to report damage to someone elses animal. I thought if you ran over a dog you could carry on driving if you fealt like it.

Interesting question though, if you wish to call the police do you ring 999 or is there another number to call?

 

[Dieselman]

I take it you don't have to read the highway code anymore to obtain a driving licence
Just ring the local Police phone number, not 999 unless it is an emergency.

here you go..
http://www.strathclyde.police.uk/

0141 532 2000

 

[jimti]

But once he'd realised there'd been contact he's duty bound to report it (my bolding btw):


Section 170 Road Traffic Act 1988

DUTY OF DRIVER TO STOP, REPORT ACCIDENT AND GIVE INFORMATION OR DOCUMENTS
1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road, an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land
(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned.in section 165(2) of this Act -
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence. This subjection does not apply to the driver of an invalid carriage.
(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver -
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident
(7) A person who fails to comply with a duty under section (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.
(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.
[Road Traffic Act 1988, s 170 amended by the Road Traffic Act 1991, Sch 4].

Sorry if this is wordy but once you get your head around it it becomes clear (ish)

Can I ask you if there are regulations for push bikes or other non mechanically propelled vehicles like skateboards that would be the same?