Okay some of you may have read the other thread where i mentioned my beetle had got hit from behind while i was on holiday in newquay on 6th August. But if you didnt heres a brief explanation.

Was sat at traffic lights coming back from the beach on the last day of my holiday.
Sudden *bang* me and my 3 mates turned round to see a golf in my backside.
I sat there for a second - not wanting to get out and look at my bug. Turned off my engine and jumped out.
Was confused to see the driver still in his car as i walked over i saw him reverse and speed off - turning right going through a red light.
I stood there like an idiot i didnt know what the hell just happened. Jumped back in the bug and followed him. Of course he was long gone.

Stopped in the road and got my mate to look at the damage i couldnt bare to look Luckily - nothing major.

Anyway. I phoned the police to report it. Explained exactly what had happened, and i got a letter through the post the other day.

Opened it and rushed off to work not really thinking about it.

Mum got home read the letter properly and realised they were trying to do ME for driving without due care and attention. So went into Lichfield police station today and they said i have until tomorrow so tell them it wasnt my fault or they'll automatically issue proceedings (3 points and £150 fine)
Spoke to them on the phone and they were unhelpful not listening and saying i'll have to explain that in court if i'm argueing against it.

Have attached the letter they sent me.

Sorry about the rather long post.

Where the hell do i stand?

oh lora...

dont see how its a problem,if you were stopped at the lights then its 100% no fault.
if need be turn up at court and tell them what happened and that will be that,then fire of a nasty letter to the chief constable.
personally for stuff like that i would go into the poilce station(if its not too far)to speak face to face

well i woudl go and explain the whole situation!

Did you have any pictures of when the golf hit you?

custard boy said:

personally for stuff like that i would go into the poilce station(if its not too far)to speak face to face

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a mere 280 miles away

I cant believe they've got the wrong end of the stick completly.

Why would i phone up to report an accident if it was my fault and the other person who i hit had driven off?

The police station in Lichfield said they might have thought i reversed/ rolled back into him and was very honest in ringing up.

what action are they classing as without due care and attn? did you go thru the light after the golf with lights still on red or?

AppleSei said:

well i woudl go and explain the whole situation!

Did you have any pictures of when the golf hit you?

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Nope - it happened so quickly. i should have jumped out with my phone and taken a pic but i didnt i didnt even think about it i was too upset to think.

oops

GhostWKD said:

what action are they classing as without due care and attn? did you go thru the light after the golf with lights still on red or?

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no I'm not bad enough to do anything like that.

I waited until they changed and then went. they think i somehow hit his front.

Suppose this will show whether or not your insurance is legal

my fingers are crossed for u, more controlled than i would've been tbh, would've taken off through the red light and probably got myself killed
hope it goes ok

GhostWKD said:

my fingers are crossed for u, more controlled than i would've been tbh, would've taken off through the red light and probably got myself killed
hope it goes ok

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Thankyou

I'm too sensible to do anything like that. i wasnt even going to go after him - i didnt exactly race just drove at normal speed.

i was too gutted to care tbh, i had to stop driving less than a mile after the place cus i was too upset

paul; my insurance is legal - i took mummies car on holiday for a week with friends - whats wrong with that?

I am just refering to that maxpower article which I am now going to re-read

The Negotiator said:

I am just refering to that maxpower article which I am now going to re-read

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the one alex posted?

I don't understand this at all. On what evidence are they sending you the letter, did they have a written witness statement from you or somebody else. They can't proceed on a telephone conversation alone from you. The evidence would never stand up because you can't appear as a witness against yourself and you don't have to incriminate yourself anyway so there would be no evidence to offer. Anyway if you phoned up to report it, they should have asked you to go to a police station to make a statement.

Are you sure it wasn't the other person going to the police and reporting you instead or a CCTV camera in the area.

If it were me, I would phone the police station and ask to speak to the investigating officer as it could all be a big mistake. If it is the other person who reported you, it may be worth seeing if you have legal assistance on your policy as they will provide a legal representative.

All seems a bit odd.

Yes, the first part makes it "ok", the middle part it specific to the policy he had a long time ago, the third part suggests you could have a problem if being a named driver means you're commiting insurance fraud, but I don't know the situation with that with different companies.


Oh and LMAO and what has happened, it doesn't make sense and I can just imagine Lora giving evidence against herself.

Cheeky b**tards!!! Why is it the law abiding citizens who get penalised each time - like me when my car was bashed the other week and I have to pay cos I'm only 3rd party!! I thought it was pretty much automatic fault of the car behind if you are hit in the rear, for being too close if nothing else (leave a safe distance and all that!). I'm sure you will sort it all out - any police officers or lawyers on the FF?

As far as im aware its from the information i gave to them. I didnt make a statement in Newquay because it wasnt open before i went home. i made one in lichfield.

It all seems to have got very confused and i cant do anything from lichfield - they can only pass on the information.
EDIT: the only thing i can do is well, im going to plymouth on friday - i could always go down to newquay on the saturday to make a statement... but i dont even know if they're open. And my time in plymouth was meant to be a break away from things

black_cinq said:

As far as im aware its from the information i gave to them. I didnt make a statement in Newquay because it wasnt open before i went home. i made one in lichfield.

It all seems to have got very confused and i cant do anything from lichfield - they can only pass on the information.

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What did you say in your statement that would make them prosecute you and was it a written one. I am no expert, but without being cautioned about your rights I don't think they can use the statement as the primary evidence.

I ran into the back of a French car a while ago, damaged my bumper and broke the number plate. As it was a main road I waved at the guy to drive on a find somewhere to park. We got seperated in traffic and I couldn't find him.

I reported it to the police and they asked me to come in and fill out a witness form. It was my fault, but I never heard anything from anybody.

you were lucky then

Maybe they got the wrong idea and think similar happened in this case.

The policeman wrote down what i said. i just said what i posted up there basically.

Im in doubt that the other guy phoned to report it and if he did i want his details. What could the other guy possibly say to make it look as if it was my fault?

I rolled backwards? (well the hill went downwards so thats frankly impossible)

I reversed into him? (what possible reason would i have to reverse at a set of traffic lights? with only one lane for both directions?)

TBH i took no notice i got this letter a few days ago now, its only when i realised they were trying to do me and said 'court' i started to get worried!