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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Desperately need some advice freaking out !

86 replies

Jazzy1990 · 16/11/2020 22:17

So about two and a half months ago I was turning into a one way road, where couple of pedestrians waited for me to go. As I moved forward to turn into the road a lady came from behind the man that was waiting and without looking started to cross the road, i did an emergency break, and told her to watch where she was going, at this point she was already in middle of the road, it’s a very small road. She then walked back to the pavement and I drove off. So now I get a letter from the met police traffic enforcement saying I hit a pedestrian with my car. From what I recall I did not hit her with my car, and in no way did she attempt to flag me down, or stop when I breaked to tell me I hit her, she walked back to the pavement, I didn’t see anything happen. I spoke to the case manager and told him I didn’t hit her, she walked back to the pavement, didn’t attempt to even talk to me or try to stop me, when I told her to watch when she’s crossing the road, he says he has cctv footage, i said ok that’s fine. I do not recall bumping her with my car and no way did she make it it clear to me that I did.
I was just wondering how much trouble would I get into for this? I didn’t even know my car bumped her and now I’m being accused of not exchanging numbers and careless driving.

OP posts:

BluebellsGreenbells · 16/11/2020 23:34

Phone the insurance company.

What does she gain from this? You being given points on your license for example would have no positive affect for her, her being able to claim compensation would.

Your insurers would be able to see what she’s claiming happened any statement she’s given, the CCTV and the police report. They would also have access to any witness statements etc

They could also advise the police professionally your perspective.

You have nothing to lose by engaging the service you pay for.

Original poster

Jazzy1990 · 16/11/2020 23:35

Can’t admit to something I didn’t do*

OP posts:

GalaxyCookieCrumble · 16/11/2020 23:39

Surely the Police would of come round and arrested you for failing to stop at the scene of a RTC, not send a letter out?

Original poster

Jazzy1990 · 16/11/2020 23:41

@WarriorsComeOutToPlayay from my knowledge I didn’t think my car touched her, I’m not a 100 percent certain but from what happened that day I didn’t think anything happened, as she walked back to the pavement.

OP posts:

Grenlei · 16/11/2020 23:41

The delay is contacting you will be processing. It's not a high priority, so even if she reported it promptly, if she didn't get your details and your reg had to be obtained from CCTV etc that will explain the 10 week delay.

I would lay money she is after making an injury claim against you. You need to notify your motor insurers asap. It is unlikely your legal cover will extend to criminal charges but the insurers can confirm this one way or the other.

As a pp said your wording is a little odd. Are you certain that you did not hit her? If so that's what you need to be saying. Clearly and simply.

Also it's a lesson in why everyone should have a dashcam fitted. At £30 or so they are a very worthwhile investment.

Original poster

Jazzy1990 · 16/11/2020 23:42

@GarlicSoup I was replying back to someone that was asking me if there was damage to the car.

OP posts:

Elvesinquarantine · 16/11/2020 23:44

One Sunday afternoon my car bumped into a parked car on reversing out of a carpark.. I went to find my dh (driving his car) for a pen and paper to leave my details. When i got back the car had gone.
That evening the police came round to speak to me about the hit and run.. Certainly not 10 weeks later.

RunningFromInsanity · 16/11/2020 23:44

You need to be more firm with your statement that you didn’t hit her. The minute you start going ‘I don’t recall...’ ‘surely if I did there would be damage...’ ‘just a jolt’ etc they will make mincemeat of you.

‘I did not hit her. I emergency stopped. She then walked back to the pavement and I carried on’ and repeat.

If the cctv showed you hit her then they would be taking it further. Wait and see.

Original poster

Jazzy1990 · 16/11/2020 23:45

@Grenlei I know I didn’t bump her, but I’m starting second guess myself. Replying the incident in my head. At the time I didn’t think anything of it, thought nothing happened.

OP posts:

Original poster

Jazzy1990 · 16/11/2020 23:48

@RunningFromInsanity you’re right! I’m gonna stick to what you said. If I didn’t hit her and that’s what I remember I’m gonna stick to that.

OP posts:

Annoymou5e · 16/11/2020 23:49

Hi, have they invited you in for an interview under caution? Is it a department at Marlow house that have wrote you a letter, what does it actually say?

Original poster

Jazzy1990 · 16/11/2020 23:50

@Elvesinquarantine I think they were gathering cctv footage, hence why so long to send me a letter.

OP posts:

Annoymou5e · 16/11/2020 23:50

@Grenlei

As a pp said your wording is a little odd. Are you certain that you did not hit her? If so that's what you need to be saying. Clearly and simply.

Also it's a lesson in why everyone should have a dashcam fitted. At £30 or so they are a very worthwhile investment.

100% DVLA etc are all on reduced staffing and wfh everything is working at a slower rate at the moment

Original poster

Jazzy1990 · 16/11/2020 23:51

@Annoymou5e no interview, it was met police enforcement that’s contacted me. They want my account of what happened, which I need to write up.

OP posts:

Annoymou5e · 16/11/2020 23:51

[quote Jazzy1990]@Elvesinquarantine I think they were gathering cctv footage, hence why so long to send me a letter.[/quote]
Cctv from the council only ever lasts 28 days. The operators then put it on a usb drive for you, takes them hardly any time at all. It wouldn’t take 10 weeks

Annoymou5e · 16/11/2020 23:52

[quote Jazzy1990]@Annoymou5e no interview, it was met police enforcement that’s contacted me. They want my account of what happened, which I need to write up.[/quote]
So the letter says ‘Met police enforcement’ 🧐 the letter will have an address on it and actual department name

Original poster

Jazzy1990 · 16/11/2020 23:53

@BluebellsGreenbells ill give my insurers a call tomorrow and explain what is happening,

OP posts:

Original poster

Jazzy1990 · 16/11/2020 23:55

@Annoymou5e it’s met prosecution traffic

OP posts:

Annoymou5e · 16/11/2020 23:58

[quote Jazzy1990]@Annoymou5e it’s met prosecution traffic[/quote]
Ah ok, was going to say ... ‘Met police enforcement’ doesn’t exist

Original poster

Jazzy1990 · 17/11/2020 00:06

@Annoymou5e lol sorry, I don’t know why I’ve been calling it that, had to look properly when you asked.

OP posts:

Original poster

Jazzy1990 · 17/11/2020 00:08

@Longdistance glad the guy couldn’t get anything out of your dB. The women had a man with her, but he was waiting at the pavement.

OP posts:

Annoymou5e · 17/11/2020 00:12

In any case you need to get a brief, worse case scenario is 6 months imprisonment. The defence of not knowing you hit someone IF there was cctv/ independent witnesses/hospital records etc that show you did hit them with the car, it would be for you to satisfy a court that you would not have known. Driving without due care and attention, well, it may be interesting to see what they have on cctv. If I reported a random car for driving bad because they were eating an apple at the wheel... they would not get processed for it.

supersplodge · 17/11/2020 00:19

As PPs have said, just deny it. Don't say 'I might have hit her but didn't realise'! Unless it's too late.....?

I had a similar situation in a supermarket car park a while back. I drove forward into a space, but the car in the bay opposite was parked well over the line and into my bay. I could see that so crept forward as slowly and as close as I felt comfortable with, aware my rear end was sticking out a bit as I have quite a long car.

A few weeks later had a claim from that car's insurers saying I had hit his bumper and caused a load of damage! The photos he took were really unclear and he was obviously over my line. To my mind it was also clear that the damage was much higher than my bumper and even if I had gently touched him I couldn't have caused that damage. But I know I didn't touch him, or if I did it could not have made a mark! I crept forward so slowly and gently. But stupidly, taken by surprise - when my insurers rang me I said 'oh yes I did see the car but I'm sure I didn't touch it'.

Long story short, my insurers said it wasn't clear enough to challenge in court and they would pay, and I will no doubt see the difference in my next premium! What I should have said was that I knew nothing about it, and when the photos were produced, I should have said 'well, he's over the line, he must have driven into me after I parked'.

But we decent people are all too honest, and the slimeball chancers are just that! I hope you get yours sorted - but definitely don't ever say 'well, I might have hit them....'!

Good luck!

Original poster

Jazzy1990 · 17/11/2020 00:24

@Annoymou5e 6 months in prison for that, well that’s sending me into a spin. What’s a brief ?

Funny how something that I thought was nothing but doing a an emergency break cause someone walked into the road could get me so bad.

OP posts:

Annoymou5e · 17/11/2020 00:28

A solicitor. Good luck, hopefully it will get sorted and you will have no issue :)

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