So, she’s going to be done for careless driving and has to take a course. If this was decided by Police at the scene then the Police in your part of the world not only operate infinitely faster than they do anywhere else in England & Wales but they are not following ANY of their procedures for prosecuting a driver.
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And there are lots of other (more serious) offences that she may have committed - not just careless/inconsiderate driving but ones that potentially result in disqualification from driving and would not fall under the scope of any diversionary course. That is over and above the possible non-driving offences. The way you tell it, it SHOULD be recorded as a hate crime and and, as such, any decision on Prosecution MUST be decided by the CPS. Are you sure that the Police did actually make a final decision there and then?
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And, trust me on this, the Police would want to check the CCTV (and sieze a copy of the footage if relevant) if the area is covered. This cannot always be done instantly!
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Hate crime (ie how the offender’s motivation for the offence is perceived by the victim) is not confined to situations where the offender is not not, themself vulnerable. So, a black person can commit a racially aggravated offence against a white person or a gay woman could commit a homophobic offence against a transgender person etc etc
I agree, I am gobsmacked that the police didn’t arrest her. She drove at me deliberately after we had argued and Inrefused to get out of her way, dragged the chair across the ground and wrote it off while I was in it. I was trapped in the chair which was wedged in the side of her car and I was injured. She got out and came around and when I said I’m getting the police she says Please do’ then marches off into Asda and left me there.
It was Asda staff who came to the rescue.
How did she get away with that?
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Did she “get away with it” or (and this is not a criticism) slightly misunderstand what the police actually said/did? The more you tell us the more this becomes a much more serious incident than a “bit of careless driving in the car park”. Did the officers take a statement from you that was recorded and which you signed? Do you have the offices’ contact details? You should have been given them because, no matter how minor the incident there was still injury and damage to property.
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Had the driver been drinking?
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If I was you I would phone the Police (not 999 the 101 non-emergency number) and make a formal complaint against the driver of assault, threatening behaviour, criminal damage, leaving the scene of an accident, dangerous driving etc. Tell the Police that you consider this to have been a disabilty hate crime. They should take a proper statement from you, statements from any witnesses, examine any CCTV covering the area and then have her in for an interview under caution.
I am not saying that the Police (and ultimately the CPS) WILL prosecute her because there has to be - on an impartial review of all the evidence - sufficient evidence to afford a realistic prospect of conviction. But, on the basis of what you have told us on here, there appears to be more than enough for the Police to do a proper investigation. If they don’t, I would be kicking up a Hell of a stink!
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If she deliberately drove into you after an altercation, that sounds like road rage and dangerous driving, if nothing else. Surely the penalty should be decided by the courts, not by the police who attended the scene. Unfortunately careless driving isn’t a notifiable offence as far as insurance is concerned, so her insurance won’t be affected from that point of view. I’d love to see what she puts on the claim form if she tries to get the insurers to pay out for the damage to her car.
As for PIP, she may not get high rate mobility when she transfers but some councils give blue badges if you’re on standard rate. So she’ll ultimately lose her Motability car but could keep her blue badge. Mind you, with her attitude I don’t suppose that losing her blue badge would stop her parking in disabled spaces.
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OK, so the main thing is that Florence is not seriously injured.
Having said that, there are a lot of things going on here - Boblatina has covered most of them, and the complaints that could be made.
Is she genuinely entitled to a Blue Badge?
Did she deliberately drive at Florence? then it’s close to road rage. See “She drove at me deliberately after we had argued and I refused to get out of her way”
Did she not see Florence? then her eyesight may not be up to driving.
Did she not see Florence? then this may be a case of Driving without Due Care.
Did she not see Florence trapped in her chair? Then she has Left the Scene of an Accident (in which someone has been injured).
If she does not understand what she did, then it could be that she has a mental impairment that should prevent her from driving.
That is up to five offences that the police should take action on.
Methinks that an enquiry to the local police as to why there has been no formal interview. should produce some action. Advising the police that a Civil Action will be undertaken, and that this will disclose the lack of Police action, should also rattle their cage.
It sounds to me like a copper at the end of a shift who does not want to be stuck with a load of extra paperwork.
Nail her now before she kills someone - a child maybe?
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Just another thought or too, Florence … …
Your local police force must have a Police and Crime Commissioner. You can report the lack of official action to that person.
If you ask ASDA if the police have taken the CCTV tape, and if not can you have a copy, they should tell you if anything is being done officially. This bears on the point above (and on the next one).
How about involving your local MP, and your local councillor, and if you feel strongly enough, your local media.
Geoff
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[quote=“DoctorGeoff”]
/>It sounds to me like a copper at the end of a shift who does not want to be stuck with a load of extra paperwork
[/quote] Not necessarily Geoff. If it WAS the end of the shift (or even half way through) a really lazy officer - commonly referred to as a “Uniform Carrier” has every inducement to make a case more serious. Straight back to the nick, small amount of paperwork to handover the case to CID or Case Progression Unit (far less paperwork for them than finishing off acstraightforward Road Traffic file). String out what paperwork you do have with a nice cup of tea in the warm until the end of shift. Job’s a good 'un!
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In the days of that nice Mr Blair and his love of targets, our local force were/was not interested in anything not on the target list.
I do love the “Uniform Carrier” description - I have met one or two like that.
Geoff
No statements were taken. I signed nothing. I do have the officers contact details.
The police breathalysed her but she passed.
Pall the police did was ask her some questions, asked me some questions and concluded it there and then. They told me is was a road traffic accident and they do not prosecute but HAVE reported her and she has to attend a course at her own expense.
Either the police didn’t grasp the seriousness of the incident or are they just wanted to conclude it as quickly as possible and go on to the next.
I agree, I have informed my solicitor and I’m going to speak to her on Monday. She didn’t call me back on Friday I suppose she will with time but I don’t believe the police are going to do anything at all so I’m going to get my solicitor to deal with it. I know that will cost me money but it’s a point of principle.
Any personal injury compensation will have to get to go towards the solicitors bill.
Yes it was deliberate she lost her temper , it was road rage
My MP and local councillors are as useless as useless can be. They invented the word useless!
I will do this the expensive way and get my solicitor to do it.
I’m so sorry to hear what she did to you. There really are some very nasty people out there. I really hope you’re ok. Many people don’t seem to care about others anymore.
Aside from this (understand she had a badge but taking the opportunity for a rant) I’m absolutely livid by the number of people without blue badges who park in disabled bays. I myself have MS and although I’m not classed as being bad enough to get a blue badge, I’m still in pain a lot of the time and struggling. I drive around looking for a space to park, then often see someone without a badge parking in the disabled bay! Shame on them, shame on them! Wishing you a speedy recovery. Hope she learns to be a better person xx
The police are a waste of space if this happened on private land they dont care basically. IF you had been in the same incident on the road parking say in disabled bays, they would have probably arrested her. It seems the police did not grasp the seriousness of this incident. I think your right to persue this and i would put a complaint in bout its handling. Statements surely should have been made and were there no witnesses?
If she is not arrested etc, then why would she attend any course this sounds bizarre the police perhaps should have been breathalysed lol to let this incident been treated so cavalierly.