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SERIOUS LEGAL WARNING
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"5 points is a bit harsh.... you only get 3 points for knocking a cyclist off." Seriously....I recon I can squeeze another three on my license....back in a bit | |||
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"whats this got to do on a swingers forum?" Welcome to The Lounge....if you want to talk about cock sucking see Swingers Chat  | |||
"whats this got to do on a swingers forum?" Don’t like it, unable to comprehend how important things like this are to people in the street… then DON’T read it, simple really isn’t it! Oh and by the way - it's nothing to do with swinging at all couldn't you tell? | |||
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"I'm absolutely disgusted...really feel for you and your partner. Can't begin to imagine how frustrated and peeved you are. Hope you get things sorted. I'm also wondering how the bloody hell a tree can give details if my car hit it! " It can't but you can and you MUST incase someone else does.  | |||
"whats this got to do on a swingers forum?" Forums are exactly that you can discuss anything not just sex xx | |||
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"I'm absolutely disgusted...really feel for you and your partner. Can't begin to imagine how frustrated and peeved you are. Hope you get things sorted. I'm also wondering how the bloody hell a tree can give details if my car hit it! It can't but you can and you MUST incase someone else does. "Hi I am so sorry to hear about this - things like that - the injustice of it all really can knock you for six - not sure if this helps but something happened to me a few months back that i thought you might be interested to hear i was parked in my local Co oP car park when i returned to my car i found a lady putting a note on my car to say that she had witnessed an elderly lady and a female passenger in a car reverse into my jag (an old car but i love her ) and damage it she promptly drove off i called the police - they refused to come out to me as it was a car park collision and not highway - i had to go to them - but filled the forms in included a copy of the witness statement they contacted her but because her 'witness' said it didnt happen and mine did it came down to her word against mine !!! im a bit lucky as i get free legal support - my sons are solicitors - they got on the case and bought a pvt prosecution and guess what we won police still did sod all though really amazes me how they can have different approaches to these things! | |||
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"5 points is a bit harsh.... you only get 3 points for knocking a cyclist off." 3 points, that's ridiculous surely knocking a cyclist off the road is an act of public service ?  | |||
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"whats this got to do on a swingers forum?" So, if we bumped into you at an organised "Social" meet, or if we decided to meet you in a public place as a precursor to maybe having some fun, you would just talk about swinging and sex then? Jeez, the forums are a place to discuss things that people talk about in general, as well as the obvious subject matters to do with swinging!!! | |||
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"It goes to show no mater how minor the incident you need to exchange details. Its not right but if someone claims you drove off without doing so and you did even under the circumstances your fucked. Its still morally wrong though of the other party to lie about the incident. It is one minor case for CCTV but that's not the answer. Personally after any incident i will take pictures, both of the car, other person, the other persons licence if poss, address and then inform my insurance and the bizzies. Its a whole load of fuss but with some dishonest drivers about you just have to cover your own ass alas "I would agree that it’s not practically possible to write a law for every possible permutation and I also agree that ignorance is no excuse or exemption. What you have said you do or would do is exactly what I’m suggesting everyone does, if a person doesn’t do that already then please if nothing else learn from my errors and realise just how easy it is to get screwed by the system. But it also seems apparent that we should all get up an hour earlier and before setting foot outside of the house research and check to see if there has been any new laws or amendments to existing laws put in place. I think most would agree, many people have said to me, “I always believed that if no one was injured in a RTA then the police are not interested” WRONG that used to be the policy be it written down in law or not. CCTV doesn’t matter in my case. The original accusations were total rubbish, physically impossible and so put in the bin. As I was addressing the original accusations dangerous/careless etc. I was confident in the knowledge that it was completely unfounded nonsense and so too were the police. BUT in being honest and NOT realising the TECHNICAL implications I admitted that her car touched mine. This ‘touch’ constitutes an RTC (Road Traffic Collision) and by default that seals it TECHNICALLY in law. The ‘failing to report’ goes hand-in-hand with ‘failing to exchange details’ it doesn’t matter that the other driver made it impossible to exchange details by locking herself in her vehicle as she stated in her statement. She exaggerated where I actually stopped but this confirmed at least that I did stop at the scene BUT I left the scene having not exchanged details – what for there was NO DAMAGED! What was there to report to the police? In my mind nothing, no damage, no harm done. The fingerprints/DNA abuse to follow is self explanatory; I have been successfully convicted for breaking the law albeit on just a TECHNICALITY and so it is now deemed that I am the makings of a criminal likely to commit further horrendous crimes. And so they want my fingerprints/photo and DNA so it’s easier for them to get me next time. In the future when a real crime is committed by a real criminal who just happens to fit my overall stats I will have to be damn sure I can account for my whereabouts!!! The police computer systems will do the approximate matching, just needs the police to create plausible stories to fill in the gaps of the missing evidence. I sir am now ‘Known to the police’!!!!!!!!!!!!!! If police and government had their way EVERYONE would be on the database, then all they need to do is find a person to fit the crime! | |||
"I got a fine and points for driving without due care and attention because i pulled out of a junction and got hit by a lad on a motorbike many years ago, he had overtaken a lorry that was turning into a pub car park, was doing at least 60mph in a 30 limit (confirmed by police due to the damage and how far he flew) was on the wrong side of the road and completely hidden from my view by a big sign on the pavement advertising a car sales place because he was withing a foot of the kerb on the wrong side of the road, i was abike rider until i had a bad accident so i always look for bikes. He was prosectuted for dangerous driving, but in court i was told that the law says, if you pull out of a minor road onto a major one and have an accident its your fault, whatever the circumstances so i got the minimum penalty, still sucks though when it happens to you, you have my sympathy." Your story is very similar to the story my own solicitor told me of when he was in his late teens. He acted totally correctly emerging turning left from a T-junction joining a more major road. BANG – a speeding car took the front of his car clean off. It’s was a d*unk driver being chased by the police at the time. My solicitor TECHNICALLY broke the law by pulling out into moving traffic albeit pissed and speeding and being chased was of no consideration. My solicitor got banned and fined. | |||
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"Hands up anybody who reverses out of their drive, I actually don't, as far as as i can remember That is an illegal manoeuvre as you are reversing into a major road from a minor road.. Back to the Op i think anybody who has been done before or has a company car always anything that happens, photos then insurance company.. A lesson learnt the hard way.. Nasty story though.. I for one will be more on the alert" Not sure where i stand on mine then as i'm not backing onto the main road where i live, just a small section that is attached at each end creating a small 'roundabout' therefore not the main road itself only the bus terminus section that its not just for them | |||
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"5 points is a bit harsh.... you only get 3 points for knocking a cyclist off. 3 points, that's ridiculous surely knocking a cyclist off the road is an act of public service ? "as a cyclist who has been knocked of his cycle by a motorist and hospitalised i find that comment very offensive and would have thought that you would have more sense than to post such a comment!. | |||
"5 points is a bit harsh.... you only get 3 points for knocking a cyclist off. 3 points, that's ridiculous surely knocking a cyclist off the road is an act of public service ?
as a cyclist who has been knocked of his cycle by a motorist and hospitalised i find that comment very offensive and would have thought that you would have more sense than to post such a comment!."Some one somewhere has been affected by just about everything you can think of... which leaves very little to take the piss out of without the risk of offending someone somewhere. It's not a comment people generally would find offensive, so I doubt it was meant to be offensive. | |||
" So if it happens in a private place, do you still need to report it to the police?" Can't answer that but I certainly wouldn't assume its outside the law. But I did wonder this evening as I was parking in the road outside my house. I was in my Disco and it was tight squeezing in to the effect I could have brushed my car (also parked in the road) It crossed my mind how would this f***** legal system cope if I hit my vehicle with my vehicle on a public road and someone else reports it to the police? TECHNICALLY it must put me back through the same nightmare of technical legal bullshit? | |||
"I'm absolutely disgusted...really feel for you and your partner. Can't begin to imagine how frustrated and peeved you are. Hope you get things sorted. I'm also wondering how the bloody hell a tree can give details if my car hit it! " it waits for a dog to come along and the tree barks | |||
"5 points is a bit harsh.... you only get 3 points for knocking a cyclist off. 3 points, that's ridiculous surely knocking a cyclist off the road is an act of public service ?
as a cyclist who has been knocked of his cycle by a motorist and hospitalised i find that comment very offensive and would have thought that you would have more sense than to post such a comment!."Oh for Gods sake! Some people need to get a life! What the hell would you do if a comedian on telly told a joke about someone being knocked off their bike? Write to the TV company???? I was hit on my motorbike many years ago and with arm in plaster I went to the pub and had the piss taken all night! I was also knocked off my cycle a few years before and sustained injuries that took about a year to heal... But THAT POST WAS FUNNY!!!  | |||
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A guy crossed in to my lane last night and hit my car, as a result his car has a dent on the front and mine has a dent and scratched on the side. I have neither reported it to my insurance company or the police as I didn't know you had to do that within 24hrs First time it has happened to me, new driver. It will be first thing I do in the morning. | |||
"I guess I am fucked then!
A guy crossed in to my lane last night and hit my car, as a result his car has a dent on the front and mine has a dent and scratched on the side. I have neither reported it to my insurance company or the police as I didn't know you had to do that within 24hrs First time it has happened to me, new driver. It will be first thing I do in the morning. "Report it NOW... I've been lead to believe that the 24 hours is ballpark as in 'within 24 hours or REASONABLE period' so have an excuse if you are outside the 24 hours. You really need to be in BEFORE the other person reports YOU is my current understanding of it. Best of luck and please keep us all posted. | |||
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"HornyandNympho... That’s interesting re the passenger/witness thing... Regarding my event my misses was with me at the time, the police were not interested in her account of things at all, to which I said, “That’s interesting because if she had something to say against me you’d be very interested wouldn’t you?”. My solicitor also told me that anything she had to say in my DEFENCE was of no consequence. But here is the funny thing, because of a cock-up/misunderstanding I did not have legal representation for the pre-trail hearing. The public legal rep asked me if anyone was with me and I said “yes, my misses” to which he said, “Do you want to book her in as one of your witnesses?” I said “Yes” and so she was. Work that one out?!?!??! In practice it wasn’t tested because I was advised by my solicitor to plead guilty while being lead to believe that the case would be thrown out. However, it turns out that is not an option as the magistrate doesn’t have the power! My solicitor also advised that I could appeal and go for crown court trail but also said he would expect the outcome to be the same and therefore a waste of money. To be honest I really don’t know who to trust/believe! Another solicitor might advise me to go for appeal but can I be sure he’s not just looking for work? " Our solicitor said that I (nympho) and one of our sons could not be witnesses, the same as any passenger, as we would be on the drivers side. This is the same will all RTA's, as a family or friend you could bend the truth or blatantly lie to protect them. A puplic legal rep at the court's don't usually have wide knowledge of road traffic legalities. Did your insurance company pay for your legal rep for the hearing you are talking about? If not you can approach them and ask if your policy legal cover will pay for an appeal. If not the other avenue you can try is if you have legal protection on your home contents policy they may pay your legal fees for an appeal (I know that sounds daft, but know somebody who used it for a work related accident). The law in an ass sometimes Good luck, and please. keep us informed how things go xx | |||
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"RE: Legal cover on vehicle insurance in most cases is a con, as is the case with mine, ‘always read the small print’. My house insurance might cover solicitors fees but being realistic, as it would effect the no-claims on my house insurance , in the long term it would not be cost effective. An appeal is not really a practical or an emotional option, I really can’t get a straight answer as to the chances of the outcome being any better or it could be worse but either way that is irrelevant because I could not put my misses through it, she just can’t cope with the stress it causes. This is something else we have learned, we now understand how a person can end up pleading guilty to something they are innocent of, they end up so broken down, so hammered and done in they just want a conclusion and end to it all. Right or wrong that’s how we feel about an appeal, without being 100% certain of a positive result for us we just couldn’t face going through it all again! " We uderstand completely where you are coming from, it does get you down. If we are in the wrong we will admit it straight away. But if we have done nothing wrong we will fight it all the way no matter what. But that's just us! We had a lorry plough into the side of our car a few years ago, the other side denied responsibily. It took 3 years from start to finish with lots of stress, but the satisfaction of proving in court we were in no way to blame was fantastic. We were on the verge of giving up several times, when the driver left the country etc. We are sorry to hear you have been under a lot of stress, it's the time it takes that makes it seem ten times worse. But we are just bloody stubborn lol | |||
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"jesus who gives a fu** bout your driving skills (im on death row in alamaba)but does anyone give a shite NO "Is this some sort of joke? | |||
"jesus who gives a fu** bout your driving skills (im on death row in alamaba)but does anyone give a shite NO
Is this some sort of joke? "Some peoples sense of humour is amazing xx | |||
"jesus who gives a fu** bout your driving skills (im on death row in alamaba)but does anyone give a shite NO "There's always one isn't there - if you're unable to converse or have no interest in the topic - keep your daft comments to yourself! Z | |||
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"TUFF! you should have swapped insurance details and told the police..END OF" Well you're sure full of the milk of human kindness. I hope you're never on the wrong end of a miscarriage of justice. Actually, I hope you are. | |||
"TUFF! you should have swapped insurance details and told the police..END OF The highway code tell you to swap details, it doesn't mention whether or not there is any damage! " In a sort of way I agree with you about swapping the details but if hindsight was all it was cracked up to be the country would be full of lottery winners. The highway code does tell you swap details.......................but the highway code is not the law. Personally I would insist on the police been called as I think LOUISA pointed out there are that many fake/set up accidents nowadays that the police need to be called. Sorry about the severe sentence doesn't really fit the crime at all. Bear in mind as you already possibly have that insurance wise these points are declarable for the next 5years. At the end of the day a crime has been commited and if the somebody had drove into us we would all I think want there balls for tea for not stopping regardless of damage level. I think in this case a small (£50 fine) at most would have been over the top. We had a friend who did this and were surprised at the action taken by the police, we just assumed she knocked a coppers or magistrates car. To the OP- Have you asked the police what action they are taking against the car that drove into you??????? If not do it 10 times a day if need be. | |||
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"TUFF! you should have swapped insurance details and told the police..END OF"" You are of course entitled to voice your opinion but often when someone does voice their opinion it exposes something about their attitudes. It is indeed ‘in my opinion’ attitudes such as yours that results in the non-action of the public that allows such things as the judicial system to abuse otherwise innocent, hard working law-abiding citizens. Part of the reason, actually the main reason that I posted this thread is so that others may learn from my mistake and therefore not end up in the same situation. Well done to you for being big and clever, doing all the right things and NOT finding yourself in my situation. However, it might have been better if you had told everyone how clever and well informed you are BEFORE I fell into this legal trap. | |||
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" When there was public talk of such things as identity cards and DNA sampling EVERYONE it quite rightly fell over. However it was being sold and still is being sold under the heading of ‘it might cause a few innocent people a small inconvenience’ or ‘if it traps one terrorist it’s worth it’ or ‘if you are innocent you’ve got nothing to worry about’ HUH, tell that to the guy they had banged up for the Jill Dando murder. However it not that simple and as it stands it seems that such things as collecting DNA data is being snuck in as more and more ways of having an EXCUSE to take it are being found/realised." Governments use things like honour, duty and patriotism as a weapon against you to extract value from you that suits THEIR plans. The argument that 'innocent people have nothing to fear from DNA sampling' is the best example of this. It completely circumvents our privacy laws and uses DNA sampling to 'prevent crime'. Bullshit. A DNA database can ONLY be used AFTER a crime has been committed and a DNA sample is available to be cross-matched. This means that people who are not fundamentally criminally minded have their rights of control OVER THEIR OWN BODIES removed by the state. Those that are criminally minded accept that a spell in prison is inevitable in the due course of their 'crime career' and as such a DNA sample from them means nothing. I have had my DNA taken as a result of being arrested and once they realised they'd got the wrong man I asked to have my sample removed only to be told that it will remain on the database permanently simply because I'd been arrested. When I argued that I was guilty of nothing and they'd arrested the wrong person I was more or less told to be on my way and take it up with my MP (which I did and who didn't want to know tbh). My DNA is still on the national database and it seems it will be forever more. There's nothing I can do about it. | |||
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"HornyandNympho... That’s interesting re the passenger/witness thing... Regarding my event my misses was with me at the time, the police were not interested in her account of things at all, to which I said, “That’s interesting because if she had something to say against me you’d be very interested wouldn’t you?”. My solicitor also told me that anything she had to say in my DEFENCE was of no consequence. But here is the funny thing, because of a cock-up/misunderstanding I did not have legal representation for the pre-trail hearing. The public legal rep asked me if anyone was with me and I said “yes, my misses” to which he said, “Do you want to book her in as one of your witnesses?” I said “Yes” and so she was. Work that one out?!?!??! In practice it wasn’t tested because I was advised by my solicitor to plead guilty while being lead to believe that the case would be thrown out. However, it turns out that is not an option as the magistrate doesn’t have the power! My solicitor also advised that I could appeal and go for crown court trail but also said he would expect the outcome to be the same and therefore a waste of money. To be honest I really don’t know who to trust/believe! Another solicitor might advise me to go for appeal but can I be sure he’s not just looking for work? Our solicitor said that I (nympho) and one of our sons could not be witnesses, the same as any passenger, as we would be on the drivers side. This is the same will all RTA's, as a family or friend you could bend the truth or blatantly lie to protect them. A puplic legal rep at the court's don't usually have wide knowledge of road traffic legalities. Did your insurance company pay for your legal rep for the hearing you are talking about? If not you can approach them and ask if your policy legal cover will pay for an appeal. If not the other avenue you can try is if you have legal protection on your home contents policy they may pay your legal fees for an appeal (I know that sounds daft, but know somebody who used it for a work related accident). The law in an ass sometimes Good luck, and please. keep us informed how things go xx" Insurance companies will tell you that passengers in a vehicle involved in an accident can't be witnesses. But after our court hearing today the judge said that this is not the case. So if anyone has a car accident do get statements from your passengers, as this can be used as evidence if it goes to court. If you tell the truth in court justice will prevail. If you lie you will be found out. As we found out today many judges study your body language too. And we won our case today, after sticking to the truth throughout. Even if parts of it were not in our favour. Nearly 2 years later the stress of this is over at last. | |||
" And we won our case today, after sticking to the truth throughout. Even if parts of it were not in our favour. Nearly 2 years later the stress of this is over at last." that must be a bitter sweet win...having to endure this for 2 years knowing you had done no wrong. congratulations though and thank god! | |||
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"we need Judge Judy! She'd fry their asses!" We had a Judge John today. The male version of Judy! He made the other guy look so stupid. | |||
"we need Judge Judy! She'd fry their asses!" god i love her so! so condecending! | |||
"you have been dlet a real shoddy hand and i sympathise with you to add a cheery to the cake expect the deviant driver of the other vehicle to now persue you for a personal injury claim and some doggey solicitor/ accident managment company to persue you for a personal injury claim The law sucks and so do some of the idiots who flout it !" He can't sue us for personal injury as he lost the case. The Judge ruled it was 100% his fault. The funniest thing about today was that his company were the ones who took us to court! Then got their ass handed to them on a plate! But having said that it wouldn't suprise us if he tried to make a claim against us for something! And thank you to everyone for your kind comments. xx We can rest a little easier now it's over. xx | |||
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