Can my son see evidence

[frisp]

6 days ago My youngest son was questioned under caution by 2 officers at my house. The circumstances of which are that allegedly he drove away from the scene of an accident.

This occurred whilst he was at the BP garage, the Police say that he reversed into a People carrier, by their admission this was at walking pace, the police confirmed that there is no damage to our vehicle and they also said there was a minor dent in the vehicle of person making the complaint.

My Son says he was reversing as he realised that the petrol cap was on the wrong side of the car to the pump, he didn't feel that he hit anything and stopped when the other party beeped his horn, he drove off as there were no other free pumps, waving an apology to the person behind.

The Police attempted throughout the interview to get him to change his story stating they had witness statements (probably from any passengers in the car) and the video tape from the garage which they say shows him putting his hands to his face as if in shock, he maintained he did not feel any contact and that he braked when the other person sounded his horn and slapped his head due to his stupidity in not seeing the other driver

Apart from some technical offences with the car which he's admitted to and is prepared to answer for, my concern is that they are adding 'driving without due care' and 'leaving the scene' which when you look at the circumstances, if proven, may be technically correct however practically there was minor damage and the accident occurred at in the other parties words at 'walking pace'.

He maintains that he left because there were no free pumps, he didn't get out of the car because he didn't want to get into conflict with the other person and also he has only been driving for 6mths by his admission he freaked a little at the near miss as he saw it.

If he is summonsed under those circumstances I'm worried that the judge will only look at the offence and not the circumstances surrounding the event, also if he is convicted all that will appear on his record will be the offences not that this was a minor bump by an inexperienced driver.

Can I apply to see the evidence against my son so I can judge the seriousness (I believe my lad but you never know as he freaked and it perhaps got jumbled in his head), can we offer to have the other persons car repaired at our expense if the charges of 'leaving and due care' are dropped if so to both of the above, how do I approach the authorities to get these things done.

This is the first time he (or any of my kids) has had any truck with the police, potentially my son stands to lose his license if he gets 6 points (under the new drivers act), this will make it even harder for him to get an apprenticeship as a mechanic, I'd appreciate any advice.

[Brian]

Re: Can my son see evidence

Frisp: question for you on this, Did this incident DEFINETLY happen on BP property and NOT the public highway? it has consequences as you appreciate due the charges that the police are interested in. This matter if so happened on PRIVATE Property....

Bri

[righty]

Re: Can my son see evidence

Frisp: question for you on this, Did this incident DEFINETLY happen on BP property and NOT the public highway? it has consequences as you appreciate due the charges that the police are interested in. This matter if so happened on PRIVATE Property....

Bri

You can now commit an offence on private property if the public has access which in this case they do

Suggest OP seeks advice from a legal aid solicitor who might be able to make this go away

Assuming he's pleading not guilty you are only required to see the evidence at discovery which takes place after or if he has been charged & committed to trial

[frisp]

Re: Can my son see evidence

Thanks both

The accident definitely happened on the forecourt of the BP garage, how sure is it that the Law has changed, does it matter what the offence is? if the law has changed as Righty states,
How do I find a legal aid solicitor locally?

[righty]

Re: Can my son see evidence

AS I have stated you can commit a driving offence even on private property wherever the public has access

Follow the instructions 'find a solicitor' http://www.lawsociety.org.uk/home.law

[righty]

Re: Can my son see evidence

Recently a land owner, during a gymkhana he had allowed to take place on his property, was convicted of drink driving when he was found to be over the limit

[Brian]

Re: Can my son see evidence

Id be interested in (also) knowing why the police are making a big deal out of this matter when no injuries occured and it was not on the public highway (private land). Injuries obviously take the matter to another level, on public or private land.

[frisp]

Re: Can my son see evidence

Id be interested in (also) knowing why the police are making a big deal out of this matter when no injuries occured and it was not on the public highway (private land). Injuries obviously take the matter to another level, on public or private land.

They didn't think it was serious at the time but are forwarding the details to the appropriate authority for a decision. They estimated we should receive a summons within 6 mths.

Could I offer to repair the vehicle if they drop the driving away and due care charges.

[righty]

Re: Can my son see evidence

No it's no longer their decision The police will proceed The BEST thing you can do is to instruct a solicitor who will speak with the CPS in an attempt to have the matter dropped as being NOT in the public interest to proceed

[frisp]

Re: Can my son see evidence

No it's no longer their decision The police will proceed The BEST thing you can do is to instruct a solicitor who will speak with the CPS in an attempt to have the matter dropped as being NOT in the public interest to proceed

Another question occurred to me; When he was interviewed the officer asked whether we wanted a solicitor present I advised the officer that we didn't know any should he have offered us the use of a duty solicitor, if so he didn't do this and what can I do about it now

[frisp]

Re: Can my son see evidence

Update on this

We've been to court now, I wrote a spanking good letter on mitigation and his boss chipped in a number one character reference.

To this end the Magistrates were impressed with is apology, his smart turn out, the fact that it was at walking pace and that he'll pay the excess on any repairs that they awarded him 6 penalty points the minimum they could for leaving the scene.

So problems we now face are under the new drivers act (He's been driving for 20 month) he'll have to take his test again. No biggie and he'll be taking buses until he requalifies.

The big problem will be insurance, as his license will be endorsed with all of the offences , Failure to stop, leaving the scene and not reporting an accident all of which are completely over the top when you consider the circumstances.

Any ideas how we can mitigate cost of insurance would be most welcome. He is going to do the additional driving course which is available for new drivers which will help.

[frisp]

Re: Can my son see evidence

Further update

Despite being fined by the courts, paying the blokes excess Admiral are now asking for there costs in relation to the repair of the vehicle. They are threatening civil litigation if we do not pay the £1000 it cost them. I know they can do this, though I think it a bit off that they are taking this action, after all that's why we pay insurance.

Who are the governing authority that I can approach to adjudicate a complaint, they say they are not governed by the OFT, only the FSA, surely they are also governed by the insurance ombudsman as well.

Any ideas how I can make this lot go away would be welcome

[righty]

Re: Can my son see evidence

Its normal that they should 'notify you of any intended action. Just send their letter to your insurer who will have to deal with it AND tell them you have done it AND DO NOT enter into any discussion or correspondence with the 3rd party leave it to your insurer

[frisp]

Re: Can my son see evidence

Its normal that they should 'notify you of any intended action. Just send their letter to your insurer who will have to deal with it AND tell them you have done it AND DO NOT enter into any discussion or correspondence with the 3rd party leave it to your insurer

I would mate but one of the technicalities was the insurance, not getting into what that was, but they have refused to deal with this and have refunded all payments made this year.

Its a bit of a muddle, they are asking who was driving to date I'm not telling them it was my son so they think it is me (as the registered owner)and are pursuing me, which is great until they get a copy of the police report (can they do this?) where they'll then come after him.

There is a lot wrong with the bill and I think its been padded as most insurance claims are. Also the guy drove the car away so I'm going to say that this made the condition of the vehicle worse. Thats why I need to know who best to deal with this complaint.

So far they say they are not bound by OFT rules (despite me informing them if they have a credit licence they are) and say that they are regulated by the FSA. Whom I've found pointless in complaining to before. IS ther an ombudsman I can take my complaint to?

[charitynjw]

Re: Can my son see evidence

Hi frisp,

I'm not sure that they need an OFT license for carrying out insurance business.

I might be wrong, though. (OH says I usually am!)

This might help
http://www.oft.gov.uk/shared_oft/bus...ces/oft147.pdf