Seriously what the ?! I'm a $*** magnet !

[froudy]

For some reason I missed this thread

@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

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.

[gsxbarmy]

@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.

[grog]

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.

[Andre]

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.

[VladTepes]

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.

do think before admitting guilt:

Oh I've been doing a lot of thinking...

- impact on insurance

Yes, undoubtedly not going to help there for sure.

- 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.

you 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.

I 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".

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.

What 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.

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.

And 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. :

I 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.

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.

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.

[Mick_J]

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.

[Kiwifruit]

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.

[KiwiCol]

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.

[Kiwifruit]

Probably have to be unemployable first Col.

[grog]

Vlad, maybe someone here who can help. Even a phone help listed. http://www.legalaid.qld.gov.au/Get-legal-help

[Snapey]

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.

[grog]

Good call Snapey.

[VladTepes]

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.

[Kiwifruit]

No see damage.....no pay. They should be supplying you with all the evidence of the damage you allegedly caused.

[GSXKING]

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.