Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Dfsd9 on July 14, 2024, 09:01:21 pm
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Thanks, I’ll try to be as clear as possible.
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We will send the info to the police and proof of flights (we have asked the airline for additional proof that we boarded the flights, and we have pictures abroad on the day of the alleged incident).
You need to be quite clear in your response to the police to avoid a "Failing to Furnish" charge, or at least being able to defend it if accused. You should state that as far as you know, there was no one driving the car at the time/place stated, you were on holiday (with proof), no one had access to the keys, and the car was in exactly the same place on the street (say where) when you returned as it was when you left (assuming that's the case). Don't speculate on what may have happened.
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As previously stated, the damage happened to the car while we were abroad.
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Although I'd hope if it was a date thing that the OP and/or a partner would remember a similar event that had happened prior to this in the same location. The mention of 'the only thing that had changed' when talking about the wing mirror cover missing would suggest not though.
@Dfsd9 - just to confirm, no damage had happened to the car before you went away?
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If there was damage to a parked car, the owner might have simply guessed at the time/date/location based on when they noticed it.
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Thanks all for your replies. The alleged incident occurred during our time abroad.
Car was parked on the street near our flat.
Our insurance company only said they were contacted by another insurance about this, and we denied involvement. They said they are now waiting for the other insurance to disclose proof of our car’s involvement.
We will send the info to the police and proof of flights (we have asked the airline for additional proof that we boarded the flights, and we have pictures abroad on the day of the alleged incident).
I don’t think the date is incorrect because the police and the insurance company have reported the same date.
Thank you again for your help. Definitely one of the options mentioned happened, we just hope to be able to prove that our car was not involved - we can prove that we were not, but without CCTV I’m not sure how to prove our car was were we think it was.
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Personally, I was thinking it was most likely one of these
your car was not involved in the incident, but another car with a similar VRM was, and the VRM was either misread, or partially read and all potential matches were sent notices,
the date of the incident is incorrect
Although I'd hope if it was a date thing that the OP and/or a partner would remember a similar event that had happened prior to this in the same location. The mention of 'the only thing that had changed' when talking about the wing mirror cover missing would suggest not though.
@Dfsd9 - just to confirm, no damage happened to the car just before you went away?
We will respond to this letter, however we don’t have proof that the car was parked near our building - we only have proof we were abroad. No CCTV in this street.
Is this parked in the street, layby, car park or drive?
The vehicle has obviously been involved in some sort of incident at some point. Maybe replying to the Police with the details they ask for, but attached a letter giving the details of your trip and how there were no keys that anyone could have had access to might get a bit more info from them or your insurance company.
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Another possibility:
My car was on the same place I left it, without one of the side mirror covers when I arrived back in the country, but no other evidence of any incident
Another driver may have hit your side mirror and in doing so, damaged their own one and as some of these can be horrendously expensive to replace, decided to try pulling a fast one and put in an insurance claim stating that your vehicle was being driven and hit their car, damaging their mirror.
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Logically, the possibilities are -
your car was involved in the incident.
your car was not involved in the incident, but another car with the same VRM displayed (cloned plate or dealer snafu) was,
your car was not involved in the incident, but another car with a similar VRM was, and the VRM was either misread, or partially read and all potential matches were sent notices,
the date of the incident is incorrect, or
nobody saw the VRM at the location of the incident, but somebody surveyed the area for cars with damage consistent with the incident and decided that it must be yours with the missing mirror cover.
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Thank you everyone, I’ll speak to the insurance to request the pictures/footage
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Yes you can. If you can track them down you can ask. But they're under no obligation to release it to you and may be reluctant.
A request from your insurer or the police should get it. Getting either to make that request is a different thing.
You would appear to be a victim of some sort of fraud. Report it as such.
Additionally ensure your insurers are aware and try to speak to the police to ascertain what information they have that has given rise to this allegation.
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Can I ask anyone for footage, to confirm if this was our car?
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The simplest answer is often the right one. Someone probably got the plate wrong.
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Apologies again for not giving sufficient info. The letter I received is from the Met police and asks for details of my driving licence and insurance. It then has form 963 - Requirement for name and address of driver. It asks full name of driver, address, location of vehicle at that time and supporting evidence.
The only other copy of the keys to our flat was with the owners of the property (we are private tenants), and then the car key was hidden in our bedroom. The only way would be for our landlord to come to the flat (they didn’t know we were abroad), find the keys and drive our car without our consent, which would be very odd (and a crime). We don’t believe this has happened.
We will respond to this letter, however we don’t have proof that the car was parked near our building - we only have proof we were abroad. No CCTV in this street.
Is there anything I’m missing?
And what do you think happened- car cloning, someone framing us… we though someone hit our car and was trying to blame us, but the location of the alleged accident is intriguing.
There is CCTV where they claim the accident happened, but I was informed by my insurance that CCTV deletes footage after 30 days, do you know if this is true?
Thank you so much in advance.
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My car was on the same place I left it, without one of the side mirror covers when I arrived back in the country, but no other evidence of any incident.
Did anyone else have access to the keys while you were away (with or without your consent to use it)?
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Does the NIP include a requirement to identify the driver (S172 of RTA)?
If so you must reply to this as to not do so will be a separate offence.
You need to respond to the S172 request with the details (and supporting evidence you have mentioned) of your trip away and details of where the keys were and who had access to the keys / the vehicle whilst you were away.
You presumably had a conditional offer .. or did you?
There is a lot of detail missing, please update the forum for maximum potential assistance.
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Also worth mentioning: my insurance company contacted us about a claim on that date, from another insurance company!
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Sorry this is the first time posting here. The offences are: “driving a mechanically propelled vehicle on a road and other public place without due care and attention” and “without reasonable consideration for other persons using the road or place.”
What is mostly intriguing for me is how close the incident was from where the car was parked/where I live. I drive on that road frequently, but on that day (and week actually) I was abroad and no one else has access to my keys.
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I received a NIP dated 10/7/2024 regarding alleged offences in May
Give us a clue, what offences?
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I received a NIP dated 10/7/2024 regarding alleged offences <...>
What is happening <...>
Dunno
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I received a NIP dated 10/7/2024 regarding alleged offences in May, on a date when I was out of the country. My car was on the same place I left it, without one of the side mirror covers when I arrived back in the country, but no other evidence of any incident. No one else had access to the keys. They state the incident occurred around 0.5 miles from where the car was parked.
I can prove I boarded the flights out and back to the country, and have photographic evidence and several witnesses (family) who can confirm I was abroad on that date and time.
What is happening, is this car cloning?