Third party instructing solicitors to issue court prcodeeings...help

Scrapit

You found the car before anyone else, even the residents of the area? You had been drinking so obviously not driving it but you didn't report it or do anything about it? How did the vehicle get stolen? Keys taken, hot wired etc? On very shaky ground, I'm surprised the cost didn't get enough to have you from what you have told us.

AdrianC

OP - let's describe the situation...

You are on your way home, late at night, having partaken of sufficient alcohol to put you above the drink drive limit.
Your car happens to be freshly abandoned on the exact same route you take, freshly impacted into a parked vehicle.
Your story is corroborated only by a friend who you were apparently on the phone to at the time you came across the car, and that the thief/driver was wearing something other than your clothing.
You do not follow through on your allegations it has been stolen.

You have not mentioned whether the keys were used, or whether the car had been broken into and the immobiliser (legally required to be fitted to every car built over the last couple of decades or so) defeated somehow?

What do you think a cynic may believe the most likely chain of events to have been...?

That you drove drunk, crashed, ran away, ditched whatever distinctive item of clothing, then concocted a cover story by phoning your friend and walking round the corner to "make the discovery"...?

[Deleted User]

AdrianC said:

OP - let's describe the situation...

You are on your way home, late at night, having partaken of sufficient alcohol to put you above the drink drive limit.
Your car happens to be freshly abandoned on the exact same route you take, freshly impacted into a parked vehicle.
Your story is corroborated only by a friend who you were apparently on the phone to at the time you came across the car, and that the thief/driver was wearing something other than your clothing.
You do not follow through on your allegations it has been stolen.

You have not mentioned whether the keys were used, or whether the car had been broken into and the immobiliser (legally required to be fitted to every car built over the last couple of decades or so) defeated somehow?

What do you think a cynic may believe the most likely chain of events to have been...?

That you drove drunk, crashed, ran away, ditched whatever distinctive item of clothing, then concocted a cover story by phoning your friend and walking round the corner to "make the discovery"...?

Cool, thanks for the help. Not really trying to go over what happened in 2018. More wanting to know what’s going to happen now. 

I’ll answer your questions !!!!!! since: 

1) yes I was walking home after having drunk alcohol; not a crime funnily enough. 

2) I don’t live in a particularly big place so there’s a limited amount of routes I can take.
3) story is corroborated by people I’d been in the pub with and friend on end of the phone. 

4) here’s the thing, the thief was wearing different clothes to me, what a shock we don’t all wear the same clothes. 

5) keys were used as they’d been left in the ignition by me; I’d been doing some work on the car fitting a new stereo before heading out and was then distracted by my housemate and by the time I’d finished talking to him I’d got ready to go out and meet my friends. 

We lived in a particularly rough area. 

6) the car was an older car, first sold in late 90s

more then aware of what a cynic might think, however let’s be clear I was never tried in criminal court. There wasn’t enough of a case. 

Believe what you want, i‘m not that fussed about what you think. I’m just looking for an idea of what might happen now. I thought this had been dealt with. 

I didn’t drive it drunk, crash it and then change my clothing. CCTV was checked, my whereabouts was easily verified.

Belenus

OP. I think you will have a very hard time convincing a court that your version of events is true. I am finding it very hard to believe.

My advice to you is to settle with the insurance company asap.

The last thing you want is the Police getting involved again, reopening the investigation and potentially charging you with perverting the course of justice which can carry a heavy custodial sentence.

Edit: Reading your latest post immediately above this one saying you left the keys in the ignition is making your story even more unbelievable.

I apologise if you are telling the truth but frankly, I don't believe you and I doubt that a court will either.

TuppenceWorth

AdrianC said:

OP - let's describe the situation...

You are on your way home, late at night, having partaken of sufficient alcohol to put you above the drink drive limit.
Your car happens to be freshly abandoned on the exact same route you take, freshly impacted into a parked vehicle.
Your story is corroborated only by a friend who you were apparently on the phone to at the time you came across the car, and that the thief/driver was wearing something other than your clothing.
You do not follow through on your allegations it has been stolen.

You have not mentioned whether the keys were used, or whether the car had been broken into and the immobiliser (legally required to be fitted to every car built over the last couple of decades or so) defeated somehow?

What do you think a cynic may believe the most likely chain of events to have been...?

That you drove drunk, crashed, ran away, ditched whatever distinctive item of clothing, then concocted a cover story by phoning your friend and walking round the corner to "make the discovery"...?

This ☝️

AdrianC

colinahenderson87 said:

Not really trying to go over what happened in 2018. More wanting to know what’s going to happen now.

Given that the court case now is over what happened in 2018...

5) keys were used as they’d been left in the ignition by me

And there's your insurer's get-out, right there.

however let’s be clear I was never tried in criminal court. There wasn’t enough of a case.

That's to the criminal standard of "beyond reasonable doubt".
This is a civil case, so "on the balance of probabilities" applies.

RBN20

This story is wild, better than any episode of Eastenders I’ve ever seen. 

Even less believable as well... 

AdrianC

Anyway, going back to the original question...

Given that the original charges got as far as you appearing in court, the CPS must have believed there was sufficient evidence to get a conviction. The court clearly disagreed, which is why the case was dismissed on the basis of insufficient evidence. Because it got as far as court, it's very unlikely that additional charges can be brought unless additional evidence comes to light.

But, as I said above, that's "beyond reasonable doubt". Given that there was sufficient evidence for the CPS to proceed with the case, I suspect "on the balance of probabilities" will see a different result. The insurers clearly think that's likely, else they wouldn't be throwing good money after bad. On that basis, the most likely outcome may well be that you will be handed the bill for the damage to the car that was hit, together with the legal costs of bringing the case.

ontheroad1970

Civil courts work on the principle of what the average passenger on the Clapham omnibus would think reasonable.  Personally I think the/she would find it hard to believe.  Proving a negative is hard, but you will most likely need to do so to convince a civil court that you weren't responsible, and therefore liable.

Ectophile

Regardless of who is the most believable, Admiral are being sued for the damaged car.  They would dearly love to say "not our problem, as the car was stolen at the time".  But somebody failed to report the car as stolen, so that defence won't work.  So as the insurer on record at the time the car was stolen, they will have to pay out.

Admiral won't be happy at paying out on the claim, and I see two possible grounds for not being happy:-

• OP failed to report the car as stolen.
• OP left the keys in the car.

So there is a high chance that Admiral will persue the OP for all they money that have to pay out.

...

Nobody is being prosecuted here.  OP will not end up with a criminal conviction.  But they may end up with a big bill, and may find that the mainstream insurers are rather wary of ever insuring them for many years to come.