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Sunday ride ruined


Toutsuite
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6 hours ago, blackhat250 said:

I take it you got his number then ,or a witness did, ?

I know you're probably still drunk from a few weeks ago John, but do keep up old chap......1st Post  ;) ;)

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Well done Toutsuite. Keep us posted on the outcome.

Mike

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  • 2 months later...

So, a bit of an update: bike is finally back from the insurance approved garage. Nothing fixed yet, as 3rd party insurer took their time to admit liability. After failing to contact their own client(!), they now accept liability on good faith. The bike needed to be back so it could get MOT'd, taxed and insured, all of which run out this month. 

So my insurer tells me this will be a cash-in-lieu matter, as the important repair (the footpeg) is an easy and cheap fix, and everything else I can do myself (screen, mirrors, levers, etc).

However, upon replacing the footpeg assembly with the new one, it is clear that the gear shifter is also bent. Not too bad,but somewhat unsightly. My options are 1) get a new one from Fowlers (about £60) which probably won't be covered by the insurance as it was not listed in the damaged items (I think); 2) buy a length of steel pipe from Wickes and attempt to bend it back into shape. I think the lever is steel, not aluminium (feels heavy enough), so it should be ok.

  

 

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Glad you got it sorted mate, but never bend any of your levers back to shape, they are as you say usually heavy metal but you will weaken it and a broken gear shifter is a pain in the arse 30 miles from home!! Just sayin.

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  • 2 months later...

Update no. 2: Court date set for mid November. Bellend to be charged with driving without due care and attention. No insurance payout yet, and not likely until after bellend has been convicted. 

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Once he's convicted you can go for damages? Lost of transport, pain and suffering, etc. Isn't that how it works. With the conviction he cannot ague blame so becomes liable for all the losses.

Like the fake sheikh bloke.

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Given he failed to stop at the scene of an accident that will not go well for him in court. ££££

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  • 3 months later...

Update #3: Letter from the police arrived today, informing me the case has been heard at Guildford Magistrates and for the offences of 1) driving without due care and attention, and 2) failing to report a road traffic collision, Bellend-who-cannot-drive-for-shit-and-who-is-a-terrible-person has been fined £250, plus £80 costs, plus £30 surcharge (oooooh, that must have stung!), given 7 points on his license, and banned from driving for 6 months.

No custodial sentence, no ban for 18 months, and the fine is a fucking joke. This cunt lives on his own estate in Yorkshire and drives an £80K car. It's like a normal person being fined 70p. 

 

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And now the case has been proven in court you can proceed with a civil case for damages.

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I know you don't want to hear this, but the fines have to be set at the same level for all people equally... otherwise you'd get us normals being fined £250,000 on par with the rich cunts.
I'm sure it'd have been a lot more if he'd done any serious damage to you, though...

However, as has been mentioned, you can now chase him down for as much as you can. Just make sure you have a good solicitor who will not kowtow to his lot (who will likely be expensive) fobbing you off with their bullshit...

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DaltonWhite might be worth a call. They're motorcycle specialist solicitors.

 

Good luck 

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I hear what you say Tasky, but apparently the fines for this sort of thing should range from £1000 to £5000 and the driving ban should be 18 months. So he got off pretty lightly in any case. 

My insurance is handling the injury claim. Not sure I could sue him for anything else?

 

 

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All I could find on this was:
Careless and inconsiderate driving - Unlimited fine / Discretionary disqualification - 3-9 points.
Failing to stop after an accident or failing to report an accident - 6 months’ imprisonment / Unlimited fine / Discretionary disqualification - 5-10 points.

That's all the maximum penalty stuff, though. I couldn't find anything about the minimum penalties and they don't say how much of this is compulsory, apart from the disqualifications. It seems judges often use the bans rather than prison time.

 

 

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If you feel the sentence was unduly lenient, raise your concerns with the Crown Prosecution Service. Explain in a rational manner why you feel it is too lenient (keep it polite) including the pain and discomfort you experienced as well as the inconvenience, absenteeism from work etc. Nowt will happen but you may get an explanation straight from the horses mouth so to speak.

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^ This.

I'd have thought your prosecuting solicitor would be able to explain what extenuating circumstances/bullshit excuses led to the leniency, although there may also be some confidentiality things that prevent the other party's side from being disclosed?

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On 2/24/2017 at 2:12 PM, Ttaskmaster said:

^ This.

I'd have thought your prosecuting solicitor would be able to explain what extenuating circumstances/bullshit excuses led to the leniency, although there may also be some confidentiality things that prevent the other party's side from being disclosed?

The magistrates court did not actually require my presence (the defendant pleaded guilty), so not sure there was a prosecuting solicitor? Perhaps just the prosecutor? (Technically it's the police doing the prosecuting).

The other thing is the "unlimited fine". If it really is unlimited, what's to stop a judge from making an educated guess as to how well-off (or not) a defendant is, and fine them accordingly? I mean, I'm on a modest salary, and if I had done this and been fined 260 pounds, I'd think I'd got off lightly. This guy hit me in an £80K+ car, why not slap a fine of £5K or £10K? Cash goes to the government, and self-important, entitled bastards like him feel the sting, and think twice before doing it again. 

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Because its paid for and off the books. Its low profile motoring knock.

Any serious damages that need the expensive lawyers that you said yourself were not there. That will be sorted in the civil court. 

Pled by post on paper. It never saw a courtroom just some junior court judge's desk. If that. For a signature at best i bet.

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7 hours ago, Toutsuite said:

The magistrates court did not actually require my presence (the defendant pleaded guilty), so not sure there was a prosecuting solicitor? Perhaps just the prosecutor? (Technically it's the police doing the prosecuting).

Technically it's not. Technically it's the Crown Prosecuting Service....see the clue is in the name. The Police role is to report offences to the CPS and they decide whether to prosecute or not

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