So I just got a call from the local plod.
They tell me that someone has cited my number plate and alleged that I had an accident with them in (specified location on my route to work) and that I fled the scene without exchanging details.
Also the (specified) date they say this occurred is 1 1/2 months ago..... Why would anyone wait that long to report an accident? Doesn't make sense to me.
Obviously it's bullshit.
I'm pretty sure that if I'd had a car vs motorbike road accident, I'd remember it!
That, and the fact that for the recent accident I DID have, I DID exchange details should be indicative that that wouldn't be in character for me.
In any event I've been 'requested' (which is to say pretty much told) to attend an interview at the station tomorrow.
They said if I can't do that they 'offered' to have uniformed police come and interview me at my address. Yeah just the look I need...
So that's time away from work (that I'll have to use leave or $ for), as well making my way from the city where I work to said station....
The only thing I can think of is that they may have been in a car that moved across on me and I hit the mirror or something? but I don't even recall that.
(https://image.spreadshirtmedia.com/image-server/v1/compositions/15815102/views/1,width=300,height=300,appearanceId=1,version=1478496810/shit-magnet-men-s-t-shirt.jpg)
That's just mad. You'd remember it alright & if you fled the scene, how did they get your number so quickly? Lots of it just don't add up. Surely they would have to have some sort of damage to establish there was an incident, so where's that & does it match up with anything on your bike?
Good luck for tomorrow.
Forgot what day - cop shop appointment is Thursday.
I hate this shit hanging over me I get really anxious.
1 1/2 month waiting to report can only be bullshit. :cheers:
Someone at it hope all works out buddy :frustrated:
Some chancer trying it on - as you say why wait 1.5 months before reporting it. That doesn't make sense. However the police do have a duty to follow these things up, I'd be surprised if anything came of it. Be interested to understand what "damage" they are suggesting.
I'd ask the police what details they have, the circumstances and what "damage" has theoretically been caused before anything else. Have they cited a time of day for when this "occurred"? If you are not happy answering any of the questions, then get a solicitor, also indicate that you will be counter claiming for false accusation, including loss of earnings (time off work, stress etc etc)
That really sucks Mike & hope they are smart enough to see that it is a load of s**t. As Dave has said, ask about all the details of the claim before waisting time or saying too much etc.
What a load of bollocks !!! :bugga:
Yeah, something sounds a bit odd there.
It'll be interesting to see what they say in more detail.
Even as you say, if you clipped a mirror and someone got your rego would you wait 6 weeks to get a quote on something so minor? Maybe.
Someone who see's you commuting each day could easily claim it was you when it wasn't.
All smells a bit suss to me.
I reckon I know what the go is here, a month and a half ago some biker has hit this dudes car. He's pissed as he didn't get the number, here goes Mike several weeks later, bloke reckons its gotta be the same bike, takes rego n reports it. Trouble is, it's the wrong bike!!!
I think KC has it nailed. Chin up Vlad it'll all come out in the wash. Good luck
Yeah Vlad. Sounds suss to me.
It does sound like a crock. I can't imagine how you can hit a car and not notice it. We all know how car/bike interfaces usually go - it always comes out worse for the biker.
It could also be a case of mistaken identity. Witnesses are notoriously unreliable and can easily write down a reg number incorrectly.
Vlad,
Most insurance Policies have a legal services Solicitor attached to the policy. DAS is one that is used regularly. Its worth checking your policy and talking to your Insurance company. You are not making a claim s it will not effect your premiums it is probably something you pay for anyway. Your insurance company may have to be involved anyway if a claim for any injury is made against you. Your insurance company will want to fight any claim and if it is proved to be a false claim will help you claim expenses for you i.e loss of earnings, travel car parking etc. Insurance companies do prosecute people who make false claims. If they do make a claim for personal injury you will need your insurance to help pay for that.
Failing that contact a local solicitor and ask for 1/2 hours legal advice.
Secondly when you go to the Police station before you start being interviewed you are entitled in law to see the complaint made against you in its entirety. You are also entitled to see all evidence, CCTV, Dash cam etc. and any witness statements any photo's of the damage and any injuries that the claim they suffered.
Only answer questions and do not elaborate. The law in this country is Innocent until proved guilty. I'm sure a good Solicitor would question why it took six weeks to report the incident.
Best of luck. Plenty of chancers are trying it on.
Reckon Cols not far off the money.
Good luck getting it sorted.
Quote from: Granty on Wednesday, 24 July 2019, 02:28 AM
Vlad,
Secondly when you go to the Police station before you start being interviewed you are entitled in law to see the complaint made against you in its entirety. You are also entitled to see all evidence, CCTV, Dash cam etc. and any witness statements any photo's of the damage and any injuries that the claim they suffered.
No, I'm not.
I can't speak for the UK but I'd be surprised if that's the case.
In any event, here I can see evidence if it goes to court and they need to disclose all said evidence within a reasonable time prior to it going to court.
They don't need to show any evidence before questioning you or before charging you.
Quote from: Granty on Wednesday, 24 July 2019, 02:28 AM
The law in this country is Innocent until proved guilty. I'm sure a good Solicitor would question why it took six weeks to report the incident.
Well, in this country too but the 6 week reporting delay isn't in itself any defence.
Quote from: Granty on Wednesday, 24 July 2019, 02:28 AM
Best of luck. Plenty of chancers are trying it on.
Ta.
Quote from: Granty on Wednesday, 24 July 2019, 02:28 AM
Only answer questions and do not elaborate.
haha yeah I can play the "I can wait as long as you want to" game as well, if they are on a fishing expedition as I suspect.
I've been on the interview
er side of that desk (well, similar desks) plenty of times.
Quote from: KiwiCol on Tuesday, 23 July 2019, 06:16 PM
I reckon I know what the go is here, a month and a half ago some biker has hit this dudes car. He's pissed as he didn't get the number, here goes Mike several weeks later, bloke reckons its gotta be the same bike, takes rego n reports it. Trouble is, it's the wrong bike!!!
:onya: :onya: :onya:
Quote from: Mister Fishfinger on Tuesday, 23 July 2019, 07:49 PM
It does sound like a crock. I can't imagine how you can hit a car and not notice it. We all know how car/bike interfaces usually go - it always comes out worse for the biker.
It could also be a case of mistaken identity. Witnesses are notoriously unreliable and can easily write down a reg number incorrectly.
:onya:
As I said earlier....
Quote from: Tony Nitrous on Tuesday, 23 July 2019, 06:15 PM
Someone who see's you commuting each day could easily claim it was you when it wasn't.
Vlad before you go wasting your time and $$$$$'s give Andrew a call, he wont charge for initial consult and he is as straight forward as you can get.
https://www.wisemanlawyers.com.au/
It's hearsay without any genuine evidence :jack: :jack: :jack:.
I personally would have accepted the invite to come to my house and waste their time and not mine. :onya:
Quote from: GSXKING on Wednesday, 24 July 2019, 06:01 PM
I personally would have accepted the invite to come to my house and waste their time and not mine. :onya:
I would too.
A few months back It wasn't unusual for me to come home and have a federal police officer and two very good lawyers in the house.
Last Active: Today at 05:09:36
Re: Who called me a $*** magnet? True!
« Reply #104 on: Today at 05:09:36 PM »
So interview done and ticket fucking issued.
I can take it to court to dispute but obviously that will cost a shitload more than the modest ticket. What fucks me off though is that if i pay it that's me admitting guilt. In which case the fucking car driver will go me for the supposed damage.
All he'd tell me is that they provided a photo of my bike. A photo of damage on their car and statements from two people in the car (as if they would differ...)
He said that there was a scratch along the side of their car. I don't even see how that could happen. There's nothing protruding to scratch the car with. The only thing possible would be the handlebars but I certainly would have noticed that as it would probably have tipped me off it or at the very least have upset the balance of the bike causing a sphincter tightening moment.
The interview was written in the guys notebook and recorded on body recorder.
I'm not allowed to see any of the evidence or get a copy of the interview in any form unless I elect to contest it in court.. And if I do that then its too late to pay the fine.
I don't blame the copper but the system is a bit fucked when being able to contest it requires$$$ and time away from work... Obviously an incentive for most people not to contest tickets.
Except for the shitbags who get legal aid and don't go to work...
OK I've vented. Just need to climb down from this high horse...
That's absolute shit Mike. You're stuck between a rock & a poor place. Wonder if we have any lawyer members (in Aussie) that could help.
That really sucks Mike :furious: :furious: :furious: :furious: :furious:
Vlad, stay on high horse. Something wrong, cant see evidence? Im sort of in same boat. At job last week and car working on door blew open, hit car next to it. All i could see was paint from worked on car on other car. It all came off with some wd40, not even polish. Owner says its dented. My eyes are old but no scratch or dent. 2003 Commodore, worth around $1000. Filthy dirty, not pristine by any means. Piece of crap i reckon. End result. They got quote for $1000 or i pay excess of $600 for insurance claim. Talk about being robbed, i reckon i am. Nothing i can do except pay. Sometimes life really sux.
My dad was in a similar situation. Fought it in court and lost. Cost him 13k.
I had a similar experience years ago when I was in a car and was overtaken on a pedestrian crossing. The offending vehicle collided with the offside of my car, nearly pushing me into a parked car on the other side of the crossing. He then fucked off. Two years later, after pursuing it through the insurance company, he came up with a witness who said I had pulled out from between two parked cars into his path - so why didn't he stop!
Could anyone say you were elsewhere at the time this supposedly took place?
Is there anyway you could find out who he is and get someone to pay him a visit - if you get my drift - if all else fails :frustrated:
Hard to comment from the UK when we don't know the legal position down under Mike, but in the first instance I would take the opportunity to consult a local solicitor to check options, as it seems to be his word against yours under some very strange and suspicious circumstances.
In the UK we can take out Legal Protection with our insurance policies, not sure if you have the same options in Aus?
Vlad, just to qualify my last, I'm not suggesting that you get someone to provide a false alibi just that you must have been elsewhere at the time and my very last remark was obviously tongue in cheek, but personally I would be loath to pay up when this is obviously someone trying to scam you. As already suggested at least seek some legal advice before paying the ticket.
If accepting responsibility leaves you open to civil action this could be more expensive than going to court. Professional advice required I think.
Good luck mate
Yeah I got that was tongue in cheek mate :rofl2:
Quote from: GSXKING on Wednesday, 24 July 2019, 06:01 PM
Vlad before you go wasting your time and $$$$$'s give Andrew a call, he wont charge for initial consult and he is as straight forward as you can get.
https://www.wisemanlawyers.com.au/
Just now left a message for them to get back to me.
I contacted the lawyer I'd used before who did a business contract for me.
For thsi driving thing she wants $220 for an initial consultation then a 'ballpark' figure of $1100 for attending court across road from her office.
And then there's the cost of actually preparing a defence etc, and she qon;r quote that until after an initial consult...
Yeah no.
Well
@GSXKING et al,
I can understand it may be worth the $ for people who are facing jail time etc as is the case for quite a few clients that Andrew Wiseman defends, but for me I simply cannot afford to think about it.
He operates on an all-inclusive fixed-price model.. that price being $6,350 !
So yeah, no :(
Looks like I'll have to pay the fucking thing, admitting guilt for something I didn't do.
For some reason I missed this thread :rolleyes:
@VladTepes What a nasty situation to be in. What really gets to me is the fact that they wont show you any proof or evidence of the "Alleged offence/incident". It stinks :furious:
I hope you manage to get it all sorted out and that it doesn't cost you too much in the end. I'd f*cking hate to have to admit and cough up hard earned cash for an offence that I knew I hadn't comitted.
@VladTepes Whilst I appreciate there is a cost involved here - and a not inconsiderable one either I agree, do think before admitting guilt:
- impact on insurance
- possible impact on career (as you will now have an offence marked against you - for many government contracts in the UK, certain offences will stop you getting a position
- you get a record with the police
I would seriously consider pleading not guilty and also counter claiming against the guy for mistaken identity. What is this "scratch" he has? Has he pulled this sort of sh*t before? Has he any witnesses?
If it's your word against his, then surely he has to prove and provide evidence that it was you and your motorcycle that caused the damage. And also understand why it took 6 weeks for him to report it.
I do understand that the law is probably as crazy down under as it is in the UK. And that for these stupid allegations, it can often cost you to clear your name when it wasn't even your fault in the first place.
Vlad , so sorry for you. Not showing evidence? Pleading guilty by paying for something you dont even know what, just so strange. I have no answer but wish i did. Lawyers, i dont trust. Yrs back needed help, mates a lawyer, went and spoke to him, he wrote up all the papers i was told i needed, turned out hed missed some bits after all his profesionalism. This was a mates conversation at his work, id helped him many, many times with car problems. Usually free. I got a bill in mail. End of that mate. Im hard to upset but that really pissed me off. Wish i could help.
Quote from: gsxbarmy on Thursday, 08 August 2019, 06:16 PM
I would seriously consider pleading not guilty and also counter claiming against the guy for mistaken identity. What is this "scratch" he has? Has he pulled this sort of sh*t before? Has he any witnesses?
If it's your word against his, then surely he has to prove and provide evidence that it was you and your motorcycle that caused the damage. And also understand why it took 6 weeks for him to report it.
He was told that there are statements of 2 people who sat in the car. That makes fighting this quite hopeless. Would have to throw lots of $ into the case. Hiring a traffic accident expert and private investigator needs to be added in order to have a chance at all.
Quote from: gsxbarmy on Thursday, 08 August 2019, 06:16 PM
VladTepes
Whilst I appreciate there is a cost involved here - and a not inconsiderable one either I agree,
Yep WAAAAAAAYYY more than I can afford.
Quotedo think before admitting guilt:
Oh I've been doing a lot of thinking...
Quote- impact on insurance
Yes, undoubtedly not going to help there for sure.
Quote- possible impact on career (as you will now have an offence marked against you - for many government contracts in the UK, certain offences will stop you getting a position
In my job I've conducted security vetting for years and this certainly wouldn't be a disqualifying offence. I'm not worried on that front. BUT if it came up at an earlier stage like a job interview (unlikely but possible) that would be awkward.
Quoteyou get a record with the police
Well, while they will certainly (already) have it on record, I'm not sure that it's classed as a
conviction. Pretty sure it isn't.
QuoteI would seriously consider pleading not guilty
I'd love to, but it would involve representing myself and I wouldn't know where to start!
Lawyers and judges are fond of saying "A man who represents himself has a fool for a client."
but they should add "or can't afford our huge fees".
Quote
and also counter claiming against the guy for mistaken identity.
That would be an entirely different civil matter and couldn't be combined with this police matter.
QuoteWhat is this "scratch" he has? Has he pulled this sort of sh*t before? Has he any witnesses?
Well I can't find out any of those things UNLESS I elect to take the matter to court, at that point I am committed to doing that as it's not possible to then change my mind and pay the fine.
As to witnesses well, there were two people in the car who claim this event occurred so witness yes. INDEPENDENT witness, no.
Quote
If it's your word against his, then surely he has to prove and provide evidence that it was you and your motorcycle that caused the damage.
Well, you'd think so. The problem is that the police twatstable believes that whatever 'evidence' they have supplied is sufficient to support the issue of the offence notice.
QuoteAnd also understand why it took 6 weeks for him to report it.
Apparently they reported it on the day they allege the accident occured, and it just took 6 weeks before the police got around to it. I did ask about that and the copper said that it's fast and they have up to a year to act on a complaint. ::)
QuoteI do understand that the law is probably as crazy down under as it is in the UK
.
No doubt. And as I said to a lawyer today "You don't get justice you get law" (and he agreed completely.
QuoteAnd that for these stupid allegations, it can often cost you to clear your name when it wasn't even your fault in the first place.
Indeed and they know that for a matter like this, a great many people cannot afford to fight it and they rely on that for people to just bend over, lube up and take it. And it bloody hurts that I may have to do exactly that. It certainly isn't fair.
Vlad, do you have a system of no win no pay in Auz? This will at least give the opportunity to talk to a solicitor to see if you have a worthwhile case.
Have you seen the vehicle and seen how the damage would align with any protrusion on your bike.
Maybe it could be worthwhle running your issue past an independant loss adjuster / assessor.
Do they not have legal aid over there? We have it here, means you can have a lawyer even if you can't afford it. State pays it.
Probably have to be unemployable first Col.
Vlad, maybe someone here who can help. Even a phone help listed. http://www.legalaid.qld.gov.au/Get-legal-help
Have you thought about contacting A Current Affair. They thrive on this type of story & just might have the pull to see the so called damage.
Good call Snapey.
To answer a few of those - you can only get Legal Aid if in theory you can't afford a lawyer (they argue that I can as I have a job)
A Current Affair are a miserable pack of ambulance chasing pricks. I wouldn't piss on them if they were on fire. So, no.
I can't see the vehicle or photos or anything until (unless) I elect to take the matter to court.
No see damage.....no pay. They should be supplying you with all the evidence of the damage you allegedly caused.
From my experience you tell them lets go to court they then "have" too provide the evidence and you can make a decision from that point. :box: :box:
It does seem odd that you've had an accident that you don't know about and no one is chasing you for a repair bill, I would be tempted to go to court and represent myself, it would irk me if I didn't know why I was getting hassled.
Long story short _ I paid the fine. Fucking shiots me to tears to do so but was also giving me huge anxiety. Lawyer quotes were $4k-$6K which is clearly ridiculous.
Even to represent myself would have ended up costing me a lot more than the fine as well as time off work to do it.
If it was thrown out I'd still be in the hole because they NEVER award costs against the police prosecutors I'm told
If the ticket was upheld (i.e. if I lost) then I'd be up for 'an offenders fee' (which i heard described as a "wasting the court's time fee").
Justice. Shuit no. Just law. :furious:
Now you've paid the fine I expect the insurance company to be after you for restitution Vlad :confused1: :confused1: :confused1:
Wouldn't fucking surprise me at all.
Ok well, it took a while - got a letter from the other clown's insurance yesterday - no idea why it took so long ?!
But yeah I'm gonna be $500 out of pocket for an accident I wasn't in now; plus a claim on the insurance... What bullshit.
Merry fucken' Christmas eh.
Just fuckers Vlad. Nothing more i can say. Blood boils. Xmas will be fine. It always gets better.
Arsehole's Mike.
At least you have a nice car to keep your mind off it now :onya:
there is a legal system Mike but no justice :whatever: :whatever: :whatever: :rolleyes:
Surely the only way this could have gone against you is if the accuser had an indipendent witness at the scene?? Otherwise its just his word against yours. In the absence of any CCTV or a willing eye-witness there wasn`t even a case to answer. It would be interesting to confirm whether the alleged damage could have been caused by your bike, ie. matching marks etc.
Really sorry to hear that you are out of pocket due to some d1ckheads, in this case the accuser, and the local plod.