Reversed into a car and didn't know

jammiejimmy

Hi All

I hope someone can give me some advice on this problem which I'm very worried about.

At the end of November I was reversing out of a car bay when I hit someone else's car apparently causing the rear offside brake light to be broken and causing scratches to that car. I wasn't aware of the incident and drove off. A week later I received a notification through the post from the police that I had been involved in a collision/accident and left the scene without reporting the incident. As I had no recollection of the event I filled out the form with my insurance details and sent it back. On the back there was a space for my comments and I wrote that I had no recollection of being involved in an accident and that I would like to review any evidence.

Earlier this week I received a notice that I have to go to court in a couple of weeks and I'm being prosecuted for a crime. I'm confused by this as I still have no recollection of hitting anybody and only recall where the event took place now I have seen witness statements. There was no CCTV or anything but apparently two people witnessed me hitting the car before driving off. I've therefore no doubt that it did happen, but I don't remember anything about it.

I've therefore decided to go not guilty as my understanding is that if I didn't know about the incident I couldn't have reported it.

Ironically, I've since sold the car and have pictures showing that there was no damage. Also, I am insured fully comp and even had insurance on my excess. I have a large excess as I had an accident driving someone else's car in 2016 so I insured it in case I was involved in another accident. I don't have a no claims bonus to protect as I only recently had a car after living in London for several years (and not needing one in London). The point being that having someone claim on my insurance wasn't going to cost me anything. Had the police come to my house and told me about the incident I would have been happy to supply my insurance details and get the matter sorted. I had a similar thing happen to me not long after I had started driving and I wouldn't do it to someone else.

I'm presently trying to see a solicitor to get some advice but it's proving hard to find someone. I can't afford to pay as I'm on benefits at the moment and the case doesn't qualify for legal aid.

I'm literate and I have very good analytical skills, so I've decided that I will have to defend myself even though all the advice I've read tells me that this isn't a wise idea. However, I'm determined I'm not going to plead guilty. I have had short telephone conversations with two solicitors. The first gave me references to look up the precedents for similar cases, but the second told me not to go not guilty until I've seen the police case. He mentioned a form I need to see but I can't remember the name of it. I do have the witness statements and a copy of what I wrote on the form asking for my details last November which arrived earlier this week.

If anyone has had a similar experience and can help me with these questions I'd very much appreciate it-

What happens when I plead not guilty?
Does it go to a jury trial or do the magistrates rule on the case based on my testimony and that of the witnesses?
Does that happen then and there?

Any help gratefully appreciated- especially on anything you think I may have overlooked. As I said, I'm very worried about this- I haven't got a criminal record and I'm not going to plead guilty just because this is the easier thing to do.

facade

Go over to pepipoo dot com and register (you can't use a hotmail address) then post in the "Speeding and other criminal offences" forum. You will most likely get better advice there.

jammiejimmy

Thanks, I'll do that. I've never heard of that site.

AdrianC

jammiejimmy wrote: »

Ironically, I've since sold the car and have pictures showing that there was no damage.

That's certainly not proof in and of itself.
Even if you could prove that the pictures were taken after the alleged collision, rather than before (camera EXIF data can be manipulated), it's entirely possible any damage to yours was repaired - or that there simply was no damage, depending on what part of your car hit theirs.

The point being that having someone claim on my insurance wasn't going to cost me anything.

Except you'll have to declare two collisions instead of one, making you a higher risk - so the base premium in future will be higher.

What happens when I plead not guilty?

The court looks at the evidence of both sides.

Does it go to a jury trial or do the magistrates rule on the case based on my testimony and that of the witnesses?

Something this trivial won't be jury - it'll be magistrate.

As I said, I'm very worried about this- I haven't got a criminal record and I'm not going to plead guilty just because this is the easier thing to do.

You still won't have a criminal record, even if found guilty. It's not a recordable offence. You'll simply gain some points on your licence and have a fine.

Sentencing guidelines :- https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/fail-to-stopreport-road-accident-revised-2017/

Something like this is going to be right at the bottom end. I think you're going to struggle to get off, so it's all about mitigation.

jammiejimmy

AdrianC wrote: »

You still won't have a criminal record, even if found guilty. It's not a recordable offence. You'll simply gain some points on your licence and have a fine.

Is this correct? I thought I was being prosecuted under the same legislation used to prosecute drivers involved in "hit and run" incidents or drivers who drive off after accidents involving fatalities?

I have three charges-

1. Driver of a vehicle fail to stop after a road accident
(Contrary to section 170(4) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988)

2. Driver of a vehicle in a road accident fail to report that accident
(Contrary to section 170(4) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988)

3. Drive a mechanically propelled vehicle on a road/ in a public place without due care and attention
(Contrary to section 3 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988)

And if I'm found guilty, you say I won't have a criminal record?? These charges seem to be very serious to me?

I take your point about my car possibly being repaired but it wasn't an expensive car. It was nearly 12 years old and I sold it for £1850. I know you're being devils advocate and I appreciate that, but I'm not worried about that aspect of the case.

It's difficult for me to remain objective, but having spoken briefly to two solicitors they both seemed to think it was quite a trivial matter. I am interested to know what you and others think but I can only present the mitigating factors as I know them.

AdrianC

You're facing those three charges? I very nearly mentioned careless/due care, but thought "No, he'd have mentioned it if that was being waved around"...

You clearly are guilty of 1 and 2 - you didn't stop, and you didn't report it. Your defence is that you didn't know. But that defence kinda points towards a guilty plea for 3, doesn't it? It's hard to not be aware of hitting another vehicle, if you're paying attention to your driving...

So it'll come down to whether the magistrate believes the witnesses.

They're not trivial driving offences, no - but, no, you won't get a "criminal record". They're not recordable offences, so don't go onto the PNC - just DVLA.

jammiejimmy

AdrianC wrote: »

You're facing those three charges? I very nearly mentioned careless/due care, but thought "No, he'd have mentioned it if that was being waved around"...

You clearly are guilty of 1 and 2 - you didn't stop, and you didn't report it. Your defence is that you didn't know. But that defence kinda points towards a guilty plea for 3, doesn't it?

No, as a matter of law I don't believe it does. My research of precedent informs me that if you're not aware of something happening then you can't be expected to report it. And I didn't stop because I wasn't aware of an incident. I have three cases I can cite for precedent, and I'm definitely pleading not guilty to the first two counts on the basis that I had no idea of any contact being made between my car and another.

With regard to the third count, witness statements say that they saw me "reversing slowly"; this would seem to indicate that I was actually driving with some due care and attention?

I appreciate your comments as they're helping me to clarify events and arguments, which is what I need to do after being in a state of low grade panic for the last two days.

AdrianC

No, you can be utterly oblivious at low speed, too.

jammiejimmy

AdrianC wrote: »

No, you can be utterly oblivious at low speed, too.

True. I think I'm going not guilty on the first two charges and guilty on the third. I genuinely didn't know what had happened which indicates I perhaps wasn't paying attention as well as I should.

Thanks for you help, I feel a bit better about it now.:beer:

DoaM

Which of the 3 is the most serious offence?

Mercdriver

~Did you not get interviewed by the police at all? Sounds unusual.