Police/crash/legal etc.

[_Iain_]

So following on from my crash,

(Edited to add crash diagram)

https://imgur.com/Gno04JJ.jpg

Crash bit of thread starts towards the end of here; https://www.bikechatforums.com/viewtopic.php?t=281946&postdays=0&postorder=asc&start=150

Kent police sent me a letter stating the driver wasn't being prosecuted. It said on it for any further questions please e-mail [email protected], so I sent this;

[Mark_F]

In what way was your bike or it's plate questionable? (or was there nothing and they're just trying to strong arm you?)

IME (including a "discussion" with my local waste of space today) the police don't like to take the time to do their job, and need quite a bit of pushing. I have had them attempt to intimidate me, but I don't stand for it (that said if there was anything I thought they might be able to pick up on, I may behave differently depending on what that was...).

It's no surprise to me that dealing with the police, as a victim, is bloody hard work. They always seem to have spare time to lie, or try to talk you out of getting a proper report filed though.

[Llama-Farmer]

Your numberplate played no part in the accident... I fail to see their point.
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[Marmalade]

so if someone indicates they can pull in front of you because he couldn't see your slightly small rear plate and a random witness can testify with certainty that you were exceeding the speed limit.

Sounds like anti biker bullshit to me.
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[_Iain_]

As far as I know;

My plate is tiny. I put a small flexi one on as the big one got broken very easily offroad & diddn't want to get bummed for no plate.

Its noisy, two stroke with a full FMF system & runs a tiny taillight (e-marked LED bar). It also runs very knobbly tyres (again, e-marked & insurance assessor listed them at 8mm front & 12mm rear tread) it doesn't have indicators (enduro exempt, doesnt need them). It's missing a rear reflector.

It has a daylight advisory on the MOT but has a full legal lighting set fitted minus indicators.

Its taxed, insured, MOT'd and road regg'd mind - but is a competition bike built with no intention of going on the road.
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Please be aware that the above post may be full of complete nonsense.
Riding: '07 KTM Duke II, Baotian BT49QT-20 Driving: '88 Volvo 340

[Mark_F]

So the real issues with the bike are the plate and lack of reflector? (that's how I read it)

Your call, but neither had any bearing on the incident (something I would point out, and keep pointing out if they carry on)

[Llama-Farmer]

[_Iain_]

Apparently the witnesses name was Tony & was behind the car that hit me, thats what the guy on the phone today said.

He claims;

A car infront of the one that hit me pulled into the junction & the driver that hit me indicated & then tried to follow it.

Said car diddnt. It went past me slightly dazzling me with its lights, hence I rolled off the throttle & hence estimate 25-30 mph impact speeds as I'd just grabbed 3rd gear going up the hill & was about to knock it down a cog when I got crashed into.

At the time a patient transport ambulance was behind the car that hit me, so I guess Tony would have been driving that?

Thing is I remember Tony. He talked to me about his RF900 and wasnt wearing uniform of any sort, he told me the guy diddnt indicate and pulled out while he held my head still. I took a whack to the head, but I remember that.
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Please be aware that the above post may be full of complete nonsense.
Riding: '07 KTM Duke II, Baotian BT49QT-20 Driving: '88 Volvo 340

[krarkol]

Fuck them, chase it up mate.

Once my claims sorted, I'm going after the driver for my accident. He pulled out but wasn't prosecuted but I was for doing a wheelie around a mile away from the crash site.

Your plate had no bearing on the crash. What are they going to say? That the driver didn't see a plate so he assumed no one was there?

I've found that with police, they try scaremongering people out of chasing things up. Even if you are the victim.
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Bandit 600 - deaded

[P.addy]

[Llama-Farmer]

It could be down to the fact that whilst they can intend to prosecute (which they should), if the other driver contests it then it may end up getting overruled and then it'll end up being another one in the failed prosecution/unsolved crime pile. That doesn't do well for crime stats.

I might be wrong, but I reckon that certainly will play some part.

Its why when my car was hit as I was driving home one very snowy xmas eve, and the other car drove off, the police advised me very very much not to follow it up because it's in "my interests" not to... (tbf the damage cost less to fix myself than my insurance excess, and if I reported it to the police i would have legally had to declare it to my insurance, whether I claimed off them or not) but I have a very strong suspicion they had no way of solving the crime so didn't want to take it on.
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Current Bike: 1999 Honda CB600 FX Hornet
Next Bike: I want a CBR-RR. And I want an F800 GS-A. And a VFR 800. Can I have all 3?
Dream Bikes: Honda VFR750R RC30, Honda NSR500, Ducati 996 R

[P.addy]

Essentially, like I said, the number plate did not cause the accident, nor did it have any bearing on the crash. It is completely hidden from view. Also, I know its a little smaller but there are various regs for enduro bikes to have such plates.

Your bike, although yes, perhaps the lights aren't 100% legitimate etc, the fact you had them and they were working nulls that point. They had no bearing, you were illuminated, he could see you.

Contesting it, pushing the police to actually pull their finger out won't do you a world of harm. The ABSOLUTE worst is a rectification notice, which you then switch to zero lights, MOT advisory then prove to them its legal... then re-add the lights.

Stating you were obviously in shock so all you wanted to do was get medical attention/pain relief and sleep etc you just essentially fobbed them off so you could get some rest, that is what I would call back and say.

Say unfortunately, you want some form of prosecution to go ahead, it is your right to do so. Would emphasise, if this was a 16 year old (think Harry for example) who was newer to the roads and didn't react as fast, he would most certainly be in far worse pain, how would they like to deal with a death when this out of control loony does it again... I would happily back you up with anything relating to this, you know my stance on Kent Police, they can go suck a fat juicy wang for all I care, they never prosecuted the driver that put me in a coma and a wheelchair, time has come for me to give them a fair chunk of paperwork to do. Useless overpaid jizz stains.

To put in perspective, my bike and a flat mates bike were damaged by a drunk guy. With both photographic evidence, DNA with blood covering the floor around them after the guy fell off a 2 storey roof AND the hospital providing his details to them, they did NOTHING. They did NOTHING when my friends bike was stolen and I found it being ridden by yoof on a field, but 1 guy with a new Daytona 600 vs 5 people on a GP100... nah, no chance. They never turned up and it was burnt out.
Again, they did NOTHING for my accident, the guy was drunk, no insurance, disqualified and high off his tits on drugs in his girlfriends car. He got 30 days in prison slashed to 18 for good behaviour, nothing for the hit and run, nothing for literally putting me in a coma. Superb Police force I tell you, Hetzer would have burned their HQ down by now.

Sorry for the rant Iain, but any help/advice/backup, you know where I am.

[Clutchy]

Please chase them up, it's plain wrong that people don't get punished for crashing yet people get punished for speeding as it could in some cases cause a crash.


What kind of downs logic is that????
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[map]

Can I just get some clarification.
My understanding is the police don't prosecute anyone. That's down to the Crown Prosecution Service (CPS).
The cps only prosecute if there is a good likelyhood of a conviction.

So is it the police saying they will not put the case/evidence to the cps?
Or is it the cps looking after their batting average and refusing to prosecute?

Don't get me wrong, I think lousy decision not to take it further.
Just want to make sure anger is directed to the right place/people.


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...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
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[Rogue_Shadow]

On the plus side, crime rates are down ... Oh wait a minute

[_Iain_]

Update, just got off the phone with the sargent.

It appears Kent Police has filed it as a complaint with the officer in general. Is it worded that way? Little confused.

They are unwilling to go for a prosecution as witness doesnt back up what I'm saying, they dont know if court will take it on.

Questioned the bollocking for small plate etc & she said nothing about it & quickly got off the subject. I said I want something done but cant ask for anything to be done if it's going to affect my claim & cause me greif.

Apparently I signed something saying it was okay not to prosecute? I dont remember this. Mighta been after my op, I dont remember much after they gave me all the meds. I still wasn't 100% when discharged.

However, they have agreed to try for a driving awareness course & will call back friday if they can get him for this. We'll see.
____________________
Please be aware that the above post may be full of complete nonsense.
Riding: '07 KTM Duke II, Baotian BT49QT-20 Driving: '88 Volvo 340

[iooi]

Isn't it the CPS who decide if there is enough evidence to go to court and not the police.
Police prepare the case with all the statements and then the CPS decide if there is a good chance of a result.

Never heard of you being asked if you want to prosecute for traffic incidents.....
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Just because my bike was A DIVVY, does not mean i am......

[Dave500]

What a load of billy bollocks!
If hes the sort to drink drive call the police saying you're concerned about his driving and hes just pulled of the pub.
If hes driving like a twunt he will get pulled and hopefully get some bum love of a nonce in prison
Hope it all works out for ya buddy
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Bye bye Z hello Versys

[map]

[Rogerborg]

[mentalboy]

Whilst indicating is obviously an important skill for any driver, what exactly is it's relevance to your accident?
If I've understood you correctly, he cut across your path right? It wouldn't have made any difference if he'd indicated, had colonel bogey blaring from air horns and fairground lights flashing wildly he still cut you up.
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Make mine a Corona.

[_mjs_]

I must have missed the thread where you crashed Iain.

Did the bloke who hit you at least admit fault from an insurance perspective?
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Previous Bikes: 2006 Honda XR125L > 2003 Yamaha DT125R > 1996 Honda CB500
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[Wafer_Thin_Ham]

[mentalboy]

[Wafer_Thin_Ham]