Accident with uninsured driver

Notmyrealname

vax2002 wrote: »

I think you will find that PACE replaced it and all offences are arrestable .

No they're not.

thenudeone

vax2002 wrote: »

I think you will find that PACE replaced it and all offences are arrestable.

You have completely misunderstood what "arrestable offence" meant.

Let me tell you some facts over which you clearly have no idea:
An "arrestable offence" does not mean an offence for which you can be arrested.
Since 1984, anyone could always have been arrested for any offence (even dropping litter) if certain conditions existed, such as refusing to provide a name and address. These were known as general powers and provided under http://www.legislation.gov.uk/ukpga/1984/60/section/25/enacted
"Arrestable offence" was much more narrowly defined here:http://www.legislation.gov.uk/ukpga/1984/60/section/24/enacted and covered only more serious offences.

As it happens, although the website for the 1967 Act hasn't been changed, the removal of the reference to "arrestable offence" and its replacement by "a relevant offence" is shown here http://www.legislation.gov.uk/ukpga/2005/15/schedule/7 (part 3)
The definition of "a relevant offence" is very similar to the old definition of "arrestable offence.
And NO - driving without insurance is not a relevant offence

It is impossible to be convicted for assisting an offender even if you have actively helped someone avoid prosecution for that offence.

vax2002 wrote: »

Taking money from someone to hide the fact they had no insurance is about as obvious an attempt to pervert the course of justice you could get.

He's not accepting money for not reporting him, he's accepting money to cover a valid civil claim for the damage caused by the driver at fault, which he is perfectly entitled to do.
A failure to report something to the police is "inaction" and therefore not sufficient to meet the requirement for prosecution , which requires a definite act
Why do you have such difficulty in understand a fairly clear explanation on the CPS website?

vax2002 wrote: »

A jury would decide the guilt, not some MSE magic wand fairy.

It wouln't even get near a court because, unlike you, the police and CPS are aware of the law.

vax2002 wrote: »

Copy and pasting from wikipedia does not make you more correct.

There was no information from Wikipedia. I linked directly to the Acts of Parliament for statue law, and to the Crown Prosecution Service for common law (where there is no Act of Parliament)
If you believe that there is a more authoritative source, please enlighten us.

vax2002 wrote: »

The OP should seek legal advice upon the position before re-approaching the police.

Not really necessary because of what I've already explained.

With every successive post you are proving further and further that you don't have a clue, and that you won't accept it when you are proved wrong.

I think everyone is now tired of you repeatedly proving your ignorance and me proving you wrong in every respect.

And I have a life to get on with. So that's all folks.

wba31

Just to update you all, after trying time and time again to get a hold of the 3rd party my brother has given up. He drove by the address and there was no sign of the car he hit, so he believes all details given may have been false - the only thing he has is the reg number of the car.

He has got the car back to roadworthy condition, and had it checked by an MOT mechanic, and will take it no further.

sadly, another insurance dodger gets away with it, makes me sick that the police weren't interested earlier on. I know they are short staffed etc, but it's only us that get penalised in all this, either by having to pay extra ourselves, or having to pay out when we're involved in accidents with these selfish people...

Thank you all for your help - even those claiming my brother would get 15-life for whatever it was

atrixblue.-MFR-.

OP whatever vax posts isnt relivant here. he's trying to look itelligent and doing the opposite at the same time. better put on you ignore list actually.

Bravehearted_2

Vax your spewing of bullsh1t is incessant. All you live for is fear mongering which would be fine if you were actually ever correct.

Read a book dumbass - you're the one with the limited intellect.

dacouch

wba31 wrote: »

Just to update you all, after trying time and time again to get a hold of the 3rd party my brother has given up. He drove by the address and there was no sign of the car he hit, so he believes all details given may have been false - the only thing he has is the reg number of the car.

He has got the car back to roadworthy condition, and had it checked by an MOT mechanic, and will take it no further.

sadly, another insurance dodger gets away with it, makes me sick that the police weren't interested earlier on. I know they are short staffed etc, but it's only us that get penalised in all this, either by having to pay extra ourselves, or having to pay out when we're involved in accidents with these selfish people...

Thank you all for your help - even those claiming my brother would get 15-life for whatever it was

All you need to do is get the Insurance details of the car from here https://www.askmid.com and ring the cars insurers

sharnad

wba31 wrote: »

Just to update you all, after trying time and time again to get a hold of the 3rd party my brother has given up. He drove by the address and there was no sign of the car he hit, so he believes all details given may have been false - the only thing he has is the reg number of the car.

He has got the car back to roadworthy condition, and had it checked by an MOT mechanic, and will take it no further.

sadly, another insurance dodger gets away with it, makes me sick that the police weren't interested earlier on. I know they are short staffed etc, but it's only us that get penalised in all this, either by having to pay extra ourselves, or having to pay out when we're involved in accidents with these selfish people...

Thank you all for your help - even those claiming my brother would get 15-life for whatever it was

you c a get details wig just the car reg. report it to his insurers

useless_git_requires_wife

You don't need any details other than the registration number for the MIB to pursue the matter.

dacouch

useless_git_requires_wife wrote: »

You don't need any details other than the registration number for the MIB to pursue the matter.

They don't need to claim off the MIB, the car has Insurance on it, under the Road Traffic Act the OP can claim from the other vehicles Insurance.

If the OP tried to claim from the MIB, they would check to see if there's insurance and send the OP to them to claim

vax2002

useless_git_requires_wife wrote: »

You don't need any details other than the registration number for the MIB to pursue the matter.

This Forum is hilarious !

Absolute quality.
:rotfl: