Justified being annoyed with Cheshire police?

[Bazzer]

Travelling home from work before Christmas this happened. (Contains swearing).

The driver failed to stop despite hitting me on the hip and handlebar with the nearside wing mirror. Cheshire police were contacted and sent the full footage the same night. The following day the police told me they were treating it as fail to stop pedal cycle collision and the footage would be sent to the investigating officer. A day later I was contacted by the investigating officer and asked whether I was wearing a helmet and what injuries I had (hip bruising). The PC was also told I had traced the car's insurer and was going to write to them asking if the driver had reported the incident.

Not having heard anything further, ten days later I contacted the investigating officer who told me that as I had the car registration number and insurer, it would be for the insurance companies to establish blame and the police would be taking no further action. This came as a surprise to me, as firstly I thought driving offences were separate from blame. For example a car can skid on black ice causing damage to another car and whilst there may be blame, there is not necessarily an offence. And secondly I know from personal experience that Cheshire police have prosecuted car drivers for close passes which were not this close.

So after a couple of rather cross emails, the investigating PC met with me on the 20th. It seemed to me he hadn't even reviewed the footage. For example asking to see the footage on my computer and he and his colleague wincing when I'm hit. Then asking for the footage to be provided on a memory stick. (Even though the full footage had been sent the night of the incident).

The PC told me that because neither I was injured nor my bike damaged, (that will teach me not to go down!), no action would be taken on the failure to stop. After discussion it was clear the best I could hope for was an offence for the close overtake. So it was agreed if the driver admitted the offence they would pay to go on a driving course. If they didn't admit, papers would go to the CPS.

A couple of days ago, I was told the driver had admitted the offence and was "happy to go on a driving awareness course." Tonight I have been told [the] application for a DAC course for the driver has been declined due to evidence and not in the public interest to prosecute. Also the time elapsed since the initial incident.
There will be no further police involvement in this incident.

I've stirred it up with the driver's insurance company as I was told between Christmas and the New Year by the company the driver hadn't reported the incident, but I'm feeling pretty peed off with the police. I'm thinking of making a complaint to the Police and Crime Commissioner for Cheshire. As per the title is my annoyance justified, or just too close to it?

 

[classic33]

Justified. Get in touch with the insurance company. They've a legal obligation to report it.

 

[MikeG]

Isn't the insurance company a side issue here? Even a red herring? A driving offense was committed, and that's what the police should be dealing with. Nothing else is any of their business. Frankly, it's only half their fault, with the CPS giving up too easily too. I would make contact with them if there is a way, and ask for an explanation.

 

[Slick]

It's definitely disgusting but probably pointless and it has the potential to just leave you ill chasing shadows.

I know the obvious retort to my own argument is you could have been left really ill by someone who considered getting home seconds earlier much more important than your safety and wellbeing.

Tough but let it go.

 

[derrick]

Had the same problem when my wife got hit, the police did not want to take any action, i wrote to the police complaints division, They had the driver do a course, But she never got prosecuted for it, she was on a mobile phone, The drivers have to kill you before the police look into it.

 

[Drago]

From what you say I can understand you being aggrieved.

Write to the Chief Freemason - Despite sticking their noses in on TV, PCC's have no sway whatsoever over operational matters. Ideally, you have a right to have the decision reviewed - the decision is usually made by a Sergeant, so in the first instance their Inspector would review the evidence themselves and make a decision.

It's one thing to let insurers do their bit, that's fine. However, in this instance their is clear evidence of an offence being committed, aggravated by someone (you) being injured, and a separate fail to stop at an injury RTC offence, with evidence of the offence and evidence to identify the suspect being at fault - there is no justification for failing to investigate where such evidence exists, so it's good that you pushed.

I would suggest a driving awareness course is not an appropriate outcome for an injury RTC and a fail to stop offence. I would also suggest that time elasped is not a reason to fail to prosecute (statutory time limits aside),particularly when that is down the the investigators dragging their heels. Most forces have some kind of road safety strategy or stated priority, which places such proescutions firmly in the public interest.

As for asking you whether you were wearing a helmet, considering you received no head injury I would be asking what the relevance of that question was before deciding whether or not to answer?

It sounds, going solely from your evidence, like it may have been badly handled. Insist that the decision is reviewed, as is your lawful right under the victims charter, and take it from there. However, if it looks like you'll go nowhere just let it go, not worth getting an ulcer over.

Either way, good luck.

 

[tom73]

I had to watch it a few times to believe what I was seeing. I’d say if you have the mindset to run with this do it insurance involment or not is not an issue. Or has any effect on police involment in working out blame. I can’t see why they are not willing to act. But sadly it’s not a surprise. Good luck

@Drago is right it’s the top dog you need to go to PCC are just political window dressing be it expensive one.

 

[mjr]

Frankly, it's only half their fault, with the CPS giving up too easily too. I would make contact with them if there is a way, and ask for an explanation.

CPS would have dropped it due to the police being too slow. A Notice of Intended Prosecution has to be sent swiftly, else the driver gets away with it.

I'd make a formal complaint but expect nothing good to come from it except adding 1 to their complaints tally.

 

[classic33]

The insurance company may just be able to apply pressure to the police. Incident number would be required by them, as would time and location. Just in case the drivers version differs from yours.

 

[vickster]

Did you get the hip brushing checked and documented by a doctor, do you have photos of the injury and have you followed up with the doctor? If you're a member of British Cycling or CUK or similar, I'd talk to them and see if they'll pursue an injury claim. Then let them do all the legwork with the drivers insurance company. I personally wouldn't get in contact with the insurer unrepresented.

The police complaint is a separate issue I think

Good luck

 

[vickster]

The insurance company may just be able to apply pressure to the police. Incident number would be required by them, as would time and location. Just in case the drivers version differs from yours.

Why would the drivers insurance company apply pressure on the police to prosecute their customer?

 

[fossyant]

The police was similar with me, despite my broken spine - no charges. This was GMP up the road. The Police knew I had insurance (BC) so just said, they would sort it. It wasn't about money, no money stops the constant pain I am still in, but the driver didn't get even a slapped wrist. I'm attending counselling to help me deal with the accident, three years on - it's the 'injustice' that gets me so wound up. I'd torch the guy's car, but I'd be prime suspect and I have a 'responsible job/career' so it won't happen - I'd lose my job.

Unfortunately, the 'paperwork' stops the cops getting out on the 'job', which is probably why they didn't push further.

We are in an unfortunate position, not enough cops, so minor stuff is ignored.

 

[classic33]

Why would the drivers insurance company apply pressure on the police to prosecute their customer?

Was it recorded as reported by the other person involved?
Have the police recorded it?

Both just two questions in trying to prove it did happen.

 

[I like Skol]

Lucky bastards the lot of you. GMP never even took a statement from me after I was knocked off my bike resulting in unconciousness, a broken neck and fractured skull. There is no law enforcement! Get used to it.

 

[Bazzer]

Thanks for the responses. Like I said I wasn't sure if I was being independent enough.
The insurance company know it was reported and they were provided with the incident number.
Despite optimism I may have harboured about a prosecution for failing to stop, the pessimist inside me suspected a driving course was the likely outcome and I wanted to make sure the driver didn't hide their actions from the insurers. What I hadn't expected was to have to fight the police to actually take action and then seemingly bugger it up.
I'lI see what can be done through the chain of command in the police.
As to my bruising, no there isn't a picture, but that was always a side issue. I suspect I will need some surgery on that hip this year for other reasons, so the discomfort from the hit was "lost" in the other stuff going on in it. My main concern was the driver's attitude. There was clearly no gap and as any driver who has hit a wing mirror knows, the sound is bloody loud in the car. - A point acknowledged by the PCs whom came to my house. So the driver must have known something had happened. It was obvious they didn't hit the lorry, which left one alternative, me. Some mea culpa at the time would have gone a long way, but they chose to drive off.
It sounds petty, but I think I will try to reclaim from the insurance company the £3 the MIB search cost me. Who knows, they might pay up and take it from the driver's policy?