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due care and attention charge

24

Comments

  • Scooby_Doo.
    Scooby_Doo. Posts: 295 Forumite
    Hi guys,

    Thanks for the advice, Do u think a quick call to the cps will let me take the course rather than me go through all this with the courts and possible face charges and points?

    Thanks

    No, nothings going to be quick.
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 8 May 2011 at 9:26PM
    Do you feel that the Crown has enough evidence to convict? Did you incriminate yourself at the roadside? It can be better to make a statement in your own good time and only after you have had the opportunity to seek advice and to consider all the implications of any admission.

    From your description, the road surface did sound very dangerous. In an earlier incident, a police motorcyclist was involved in a collision on Grovers Lane where you had your accident. Maybe he too fell victim to the poor road condition?

    Did the poor surface cause you to lose road traction? Or was there proof, whether by your own admission, or from evidence obtained at the scene, that you were not paying attention?

    Personally, I would stick with Pepipoo for future advice ;)
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    asbokid wrote: »
    Do you feel that the Crown has enough evidence to convict? Did you incriminate yourself at the roadside?

    Yes he did, he said:

    "The police arrived quite quick and took a statment along the lines of i was talking to my girlfriend as i was slowing down for the bridge which is on a sharpish bend and only one car can pass over at any one time and before i realised what was happening i was heading towards the lampost and did not have time to react "

    Or was there proof, whether by your own admission, or from evidence obtained at the scene, that you were not paying attention?

    Firstly he clipped a kerb - you don't do that if you're paying attention.
    He slid into a lampost near a narrow one car width bridge with so much force it wrote his car off and gave his girlfriend a neck injury. If you were slowing down for a narrow bridge in anticipation a car may be coming over it, you wouldn't do that.
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 12 May 2011 at 11:24PM
    Last year, I was driving through grovers lane which goes from Abercynon to Pontypridd town near my home just after it had rained and after about 2 weeks of warm weather, so the roads were a little slippy with all the tree sap and grease on the roads. I was just about to go over a small bridge and clipped the kerb and hit a lamp post. I phoned the police immediately as there was no witnesess and no 3rd party except the lamp post.

    The police arrived quite quick and took a statement along the lines of i was talking to my girlfriend as i was slowing down for the bridge which is on a sharpish bend and only one car can pass over at any one time and before i realised what was happening i was heading towards the lampost and did not have time to react.

    The bit about talking to your girlfriend shortly before the prang was a red herring, yes? Being Welsh, and a woman, surely SHE was doing all the talking?
    He said he would be reporting me for due care and attention
  • alastairq
    alastairq Posts: 5,030 Forumite
    the officer would have simply reported the OP for the offence....based upon the evidence available.

    It is up to the Court to decide whether the offence occurred, based upon all evidence presented.

    What the OP needs to consider is....given the evidence so far presented, was the OP's action prior to the collision, those of a 'competent, careful driver'.
    [the Court's criteria].

    The authority the Court would look to, if needed, would be the Driving Standards Agency

    Given the OP's prior knowledge of the road conditions, the Court may look at the OP's speed on approach.

    [driver's speed should be appropriate to road and traffic conditions ]

    From the piccy above, the road seems to have continual rainwater run-off present, is downhill, with a sharp turn [there seems to be one preceding the piccy too]

    The road condition is a fact of life.....coping with it is the driver's responsibility.

    The Local Authority's responsibility only really comes into play when sorting out financial liabilities...an insurer's pigeon.
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • ziggyboy4435
    ziggyboy4435 Posts: 78 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Hi guys, this is not the place above of the crash, The site wont let me post a link to the google maps site !!!
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 9 May 2011 at 6:55PM
    The site wont let me post a link to the google maps site !!!

    I copied across the Google StreetView link that you posted on Pepipoo..

    What damage did you do to the lamp post?

    Was it a schoolday? What time of day was it?

    If we are looking at the photo now, then that footpath on the left is a pedestrian/cycle access to Pontypridd High School, isn't it?

    There are school warning signs for motorists on either side of the school entrance with SLOW/ARAF painted on the road. Did the cop mention that? They could make much of the proximity to the school entrance to demonstrate how you should have been extra vigilant, but were not.

    You sound like you 'feel guilty'... so maybe plead to be allowed to go on that training course in lieu of prosecution.
  • ziggyboy4435
    ziggyboy4435 Posts: 78 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    the lampost was ok, hardly a dent, it was about 6.30 in the night and i was doing about 15-20 mph
  • ziggyboy4435
    ziggyboy4435 Posts: 78 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    the reason the car was a write off was it was over 10yrs old and not worth repairing for the insurance comapany
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    You don't have an accident at 15MPH and write off a car, even if it is 10 years old and you don't give someone a neck injury having a minor shunt at 15MPH.
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