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[addictfreak]

Is it actually the Police who made the decision not to prosecute or the CPS?

 

[skudupnorth]

Not wearing hi-viz ?? That reason stinks ! I would want a better excuse from them not to rip the little sh!t off the road !
Sorry to hear your troubles with what should be straight forward case with witness statements ect
Good luck with it,hope it pans out for you

 

[alicat]

Hi Addictfreak

Yes I have a letter from the police stating that they intend to take no further action in relation to the collision because there is insufficient evidence.

As there were three independent witnesses, including a car driver following me who knew he was going to knock me off, I rang the police.

They stated the decision had been made as follows:

'Leave to parties involved. Minor road traffic collision on a roundabout - a pedal cyclist who cannot be seen clearly - no hi-viz clothes.'

So they didn't even refer it to the CPS. I have written to them pointing out that this is a classic SMIDSY and that no amount of hi-viz clothing would have made a difference because his mind was elsewhere.

My bike was undamaged - I can take some pride in saving my bike! I have no recollection of the accident but I think he clipped me at 20-30 mph and I fell badly - it's the damage to my confidence and my memory that is getting me.

 

[ufkacbln]

Hi Addictfreak

Yes I have a letter from the police stating that they intend to take no further action in relation to the collision because there is insufficient evidence.

As there were three independent witnesses, including a car driver following me who knew he was going to knock me off, I rang the police.

They stated the decision had been made as follows:

'Leave to parties involved. Minor road traffic collision on a roundabout - a pedal cyclist who cannot be seen clearly - no hi-viz clothes.'

So they didn't even refer it to the CPS. I have written to them pointing out that this is a classic SMIDSY and that no amount of hi-viz clothing would have made a difference because his mind was elsewhere.

My bike was undamaged - I can take some pride in saving my bike! I have no recollection of the accident but I think he clipped me at 20-30 mph and I fell badly - it's the damage to my confidence and my memory that is getting me.

Are you sure...

Friend of hours insisted that the chips in the paint (similar case) were a long term threat to the longevity of a steel frame.

He ended up with the driver paying for a strip down, frame respray and rebuild. Hit their insurance!

 

[alicat]

Might be good to have a respray of my Brompton - it's red and I fancy one of the new colours!

 

[661-Pete]

Sorry to read about your experience Alicat, hope you yourself, at least, are mended. Alas this sort of thing is by no means uncommon - both the risk of prang at roundabouts, and the police indifference after the event, I mean.

Be wary of publishing the reg. number of the car - especially if it's a company car. The car may have passed on to another owner meanwhile. If you have information about the driver - who his employers were, say, ...... on the other hand...

 

[rusky]

That sort of response would make me want to make an official complaint to the ipcc since hi-viz isn't a legal requirement.

 

[deptfordmarmoset]

That sort of response would make me want to make an official complaint to the ipcc since hi-viz isn't a legal requirement.

That was the bit that had me stunned. How can you be denied fair access to justice because you haven't fulfilled a non-legal requirement (ie wearing hi-viz)? And in a way that redefines - lowers - the level of due care and attention that drivers have to pay to other road users - that pushes things towards a ''licence to kill.''

 

[Jim_Noir]

Don't get how he didn't get done, he failed to giveway to traffic coming from the right? Why is it not traffic cops that deal with these cases? As I would hope they know more about traffic laws then a beat copper! It's a pain in the erse being the victim of a crime and being the one having to police the police!

And the hi-viz excuse is nonsense as it's not the law to wear it!

 

[mickle]

This is a ****ing shambles but it doesn't surprise me - I went backwards through the windscreen of a pissed up driver years ago and ended up in a wheelchair for a couple of months. The police who attended the scene managed to lose all evidence of the event. We later discovered by chance that the drunk driver - (who was so drunk he couldn't stand unaided and had tried to drive over my prone body in full view of several witnesses in an effort to escape the scene) was a copper from a neighbouring nick.

Same sh!t, different decade. Attitudes need to change - I just don't know how we go about achieving it.

 

[GrumpyGregry]

keep on riding and sue the stupid muppet.

 

[mickle]

What GregCollins said.

 

[alicat]

Did you go into the side of the car or did the car go into the side of you ? ie what part of your bike first touched what part of the car?

I don't have any recollection of the accident but from his defence I assume I went into him as he joined the roundabout. I'm just curious why you're asking, Reiver? As he failed to give way I'm not sure it matters whether I went into him or him into me. The only difference is how far round the roundabout I was when he joined it.

 

[Dan B]

What Greg said. He's probably just doing what his insco are telling him to do, I'd guess this is just step 1 of the insurance dance and I'm sure RJW are not so daft as to take him at his word.

 

[mcshroom]

I suspect you're right, Gerry. I get the sense the police don't think it is serious enough to prosecute and there is a bit of wriggle room because of the time of day. I have written to them asking them to reconsider and pointing out that the driver simply wasn't concentrating but I don't hold out much hope.

It's cheering me up to think of him as a despicable little runt so keep those kind thoughts coming my way.

Further to that ask them for a written reason why a prosecution is not going to be pursued if they don't change their minds. The reason given so far would look very silly when shown to the Police Authority or IPCC