News5 mins ago
Failure to stop/report
5 Answers
4 months ago i was reversing out of a parking space in a public car park.
I reversed to quickly and over compensated with the stirring I finished up with my car parallel to the boot of a car on the other side of the carpark.
I was just slightly touching the other car though did not feel any impact so I pulled forward slowly and reversed back to the carpark exit.
While doing this I was being watched and I paniced and just drove off with out getting out to check the other car for damage (stupid me).
3 days after the accident my insurance company phoned me, I did not realise I had damaged the other car as there was no damage to my car and instructed them to go ahead with the claim.
1 month after the incident the police contacted me asking for my details. I dont know what im being charged with, I phoned and asked they would not say - that was 3 months ago.
questions
If im charged with 3 offences
driving with out due care
failure to stop
failure to report
would I get points for all 3 or only the most severe i.e failure to stop?
under the circumstances would I be banned (I could loose my job)?
I have no points on my license, its been clean for eight years and my insurance has paid for all damages to the other car.
I reversed to quickly and over compensated with the stirring I finished up with my car parallel to the boot of a car on the other side of the carpark.
I was just slightly touching the other car though did not feel any impact so I pulled forward slowly and reversed back to the carpark exit.
While doing this I was being watched and I paniced and just drove off with out getting out to check the other car for damage (stupid me).
3 days after the accident my insurance company phoned me, I did not realise I had damaged the other car as there was no damage to my car and instructed them to go ahead with the claim.
1 month after the incident the police contacted me asking for my details. I dont know what im being charged with, I phoned and asked they would not say - that was 3 months ago.
questions
If im charged with 3 offences
driving with out due care
failure to stop
failure to report
would I get points for all 3 or only the most severe i.e failure to stop?
under the circumstances would I be banned (I could loose my job)?
I have no points on my license, its been clean for eight years and my insurance has paid for all damages to the other car.
Answers
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For the offences you mention the maximum penalties are as follows:
Careless driving � a fine of up to �2,500 and either penalty points (minimum 3, maximum 9) or a disqualification.
Falling to stop/report (which, in the circumstances you describe would be only a single offence) a fine of up to �5,000 and either penalty points (minimum 5, maximum 10) or a disqualification.
In general, where a number of motoring offences are charged which result from the same incident, magistrates impose fines for each offence, but award points or a disqualification only for the most serious.
The likely outcome, therefore, if you are charged with two offences, is a fine for each and between 5 and 10 points for the failing to stop/report. My view is that, if so charged, magistrates would award the minimum of 5 points for the most serious offence. From the way you describe the incident, the offences would be at the very lowest end of seriousness and so would attract the minimum penalties.
Careless driving � a fine of up to �2,500 and either penalty points (minimum 3, maximum 9) or a disqualification.
Falling to stop/report (which, in the circumstances you describe would be only a single offence) a fine of up to �5,000 and either penalty points (minimum 5, maximum 10) or a disqualification.
In general, where a number of motoring offences are charged which result from the same incident, magistrates impose fines for each offence, but award points or a disqualification only for the most serious.
The likely outcome, therefore, if you are charged with two offences, is a fine for each and between 5 and 10 points for the failing to stop/report. My view is that, if so charged, magistrates would award the minimum of 5 points for the most serious offence. From the way you describe the incident, the offences would be at the very lowest end of seriousness and so would attract the minimum penalties.
If you were being prosecuted for any offences you would have been visited by the police and reported. This would not be done by telephone.
If a prosecution for due care/negligent driving was being considered then the police have to serve you a "Notice of intended prosecution" within 14 days of the offence or when it was reported to them.
As a general rule if both parties have each others details and the damage is small the police will not want to get involved,
It would appear from your description that this was a very minor incident and my advice is to calm down and not consider worse case scenarios.
I very much doubt that any police action will be taken although your insurance company will probably up your premium at renewal time
If a prosecution for due care/negligent driving was being considered then the police have to serve you a "Notice of intended prosecution" within 14 days of the offence or when it was reported to them.
As a general rule if both parties have each others details and the damage is small the police will not want to get involved,
It would appear from your description that this was a very minor incident and my advice is to calm down and not consider worse case scenarios.
I very much doubt that any police action will be taken although your insurance company will probably up your premium at renewal time
Sorry, I forgot to mention (and somebody is bound to tell me!) that both these offences can carry penalties other than fines. Failing to stop/report is actually an imprisonable offence (up to six months) and careless driving can carry a community rehabilitation or curfew order.
I practice these disposals are rarely used for these offences. Only the most serious examples would attract anything other than a fine and I don�t think you need to trouble yourself with these potential outcomes.
Finally, pauln90 is quite correct. For these offences you have to be sent (or be given a verbal) Notice of Intended Prosecution within 14 days. This appears not to have happened.
I practice these disposals are rarely used for these offences. Only the most serious examples would attract anything other than a fine and I don�t think you need to trouble yourself with these potential outcomes.
Finally, pauln90 is quite correct. For these offences you have to be sent (or be given a verbal) Notice of Intended Prosecution within 14 days. This appears not to have happened.
I got a letter from the police saying I committed an offence and asking for my details, however it did not list the offences hence I telephoned the prosecutions department asking for more information.
They could not discuss anything with me this was 3 months ago.
Thankyou so much for the information,
They could not discuss anything with me this was 3 months ago.
Thankyou so much for the information,
I had a similar incident but Iwas so narked as the other car was not in a parking space but a very awkward position along rthe entrance.Ther was no collision so Idrove away and my car was not even dented.Nevertheless Iwas written to by my insurance and a witness statement submitted .it was a right headache but it never resulted in prosecution.
However Igot a right slap from the insurance and it went against me when Icame to insure next time.If it was on a private car park it isn't thought as seriosu as a road incident.Don't worry.!
However Igot a right slap from the insurance and it went against me when Icame to insure next time.If it was on a private car park it isn't thought as seriosu as a road incident.Don't worry.!
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