Is this illegal?

Euros
Euros Posts: 17
edited June 2013 in Road general
I was knocked off my bike today by another cylist who was going too fast and out of control. There was a bit of damage to my bike so i asked for details in order to make a claim should it be necessay. It appears she has given me false detailss. Is the giving of false details following a cycling incident between two cyclists illegal?

Comments

  • Stevie_gee
    Stevie_gee Posts: 44
    Probably yes, but what does that change?

    That's why if I am ever knocked off by a lady on a bike I always give her a good hard spanking there and then, just so that it's dealt with, you know?
  • TakeTurns
    TakeTurns Posts: 1,075
    Stevie_gee wrote:
    Probably yes, but what does that change?

    That's why if I am ever knocked off by a lady on a bike I always give her a good hard spanking there and then, just so that it's dealt with, you know?

    Is that considered the easy way, or the hard way?
  • Euros
    Euros Posts: 17
    Due to Wales being a small country I acctually know who she is. Question is why should i fork out a few hundred quid for new parts when it was her fault?
  • imposter2.0
    imposter2.0 Posts: 12,028
    You will get nowhere unless there were witnesses and/or she admits to the error. Wales isn't that small - I'm not sure I could name everyone that lives here...
  • amaferanga
    amaferanga Posts: 6,789
    Euros wrote:
    Due to Wales being a small country I acctually know who she is. Question is why should i fork out a few hundred quid for new parts when it was her fault?

    Do you have independent witnesses? If not how will you prove it was her fault?
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  • Stevie_gee
    Stevie_gee Posts: 44
    Euros wrote:
    Due to Wales being a small country I acctually know who she is. Question is why should i fork out a few hundred quid for new parts when it was her fault?

    So why did you ask her for details?

    You can go round and demand money, which will probably get you into more trouble, or report her to the police and nothing will happen. The choice is yours.
  • smidsy
    smidsy Posts: 5,273
    Euros wrote:
    Due to Wales being a small country I am actually related to her.

    FTFY :mrgreen:

    Report it to the Police and provide her details for them to follow up.
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  • Hollow-legs
    Hollow-legs Posts: 142
    What exactly happened ? Enlighten us ,,,How was she out of control. :shock:
  • Scrumple
    Scrumple Posts: 2,665
    edited June 2013
    It isn't anything to do with the police in reality, irrespective of any naughtiness. It is illegal for a driver of a car not to exchange, but you have an absolute requirement to report to a constable as soon as possible and within 24 hours if there is injury. Think you may have failed that one?

    No idea if there is a law to include bikes, as the legislation says "mechanically propelled vehicle". Almost sure a bike is not liable.

    Damages are a civil remedy, and the police will never prosecute this as a criminal matter. No realistic prospect of any conviction so why waste tax payers' cash?!

    Just sue the person privately. As above, with no one to corroborate your side, good luck. If you have insurance, use them to do the work.

    And ignore anyone who posts here who says "probably" when giving advice as this means they are guessing. All the posts above are either silly, ir opinion dressed up as knowledge.
  • simonhead
    simonhead Posts: 1,399
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  • Scrumple
    Scrumple Posts: 2,665
    edited June 2013
    if you ride a bike, the rules require you to give your name and address if:

    You are alleged to have committed an offence of dangerous cycling or careless/inconsiderate cycling; and
    You are required by any person with reasonable grounds for asking to give your name and address. (RTA ss. 28, 29, 168(b))
    So if there’s an allegation and a request for details, you have to give your name and address. If this happens and you don’t comply (or you give false details), you’ll commit an offence, for which the maximum penalty is £1000 (you can’t be given a FPN). (RTOA Sch 2, 3)

    The law doesn’t offer much help understanding how these obligations work in practice. But the conclusions below seem to follow.

    First, the person who asks for your details doesn’t need to be a police officer. Anyone can require your details.

    Secondly, before you’re obliged to give your details, someone needs to have made an allegation that you were cycling dangerously or carelessly/inconsiderately. But they probably don’t have to mention the specific offences.


    ...I'd still not waste time with the police, as the key is to ID the rider and try to claim privately if you can risk the cost or have insurance to do it!
  • imposter2.0
    imposter2.0 Posts: 12,028
    oops... :wink:
    Scrumple wrote:
    And ignore anyone who posts here who says "probably" when giving advice as this means they are guessing. All the posts above are either silly, ir opinion dressed up as knowledge.
    Scrumple wrote:
    Secondly, before you’re obliged to give your details, someone needs to have made an allegation that you were cycling dangerously or carelessly/inconsiderately. But they probably don’t have to mention the specific offences.
  • sloppyschleckonds
    sloppyschleckonds Posts: 8,019
    Euros wrote:
    Due to Wales being a 3rd World Country I acctually know who she is. Question is why should i fork out a few hundred quid for new parts when it was her fault?

    FTFY

    Everyone is on benefits and she has no money.
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  • sub55
    sub55 Posts: 1,025
    SloppySchleckonds wrote:
    Euros wrote:
    Due to Wales being a 3rd World Country I acctually know who she is. Question is why should i fork out a few hundred quid for new parts when it was her fault?

    FTFY

    Everyone is on benefits and she has no money.

    :lol::lol::lol:
    constantly reavalueating the situation and altering the perceived parameters accordingly
  • Stevie_gee
    Stevie_gee Posts: 44
    Scrumple wrote:
    And ignore anyone who posts here who says "probably" when giving advice as this means they are guessing. All the posts above are either silly, ir opinion dressed up as knowledge.

    Swift editing aside, I for one stand by my comment. Again, it probably is illegal, but my point is that whether it is or it isn't the chances of getting a conviction and/or compensation by going through the police are minimal.
  • thefd
    thefd Posts: 1,021
    Imposter wrote:
    Wales isn't that small - I'm not sure I could name everyone that lives here...
    I'll have a go...
    There's Alex Jones, the other Alex Jones, the man Alex Jones, Taff Williams, Sian Williams, Jonathon Davis....erm...Shane Williams....oh...oh...George North....am I nearly there?
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  • imposter2.0
    imposter2.0 Posts: 12,028
    TheFD wrote:
    Imposter wrote:
    Wales isn't that small - I'm not sure I could name everyone that lives here...
    I'll have a go...
    There's Alex Jones, the other Alex Jones, the man Alex Jones, Taff Williams, Sian Williams, Jonathon Davis....erm...Shane Williams....oh...oh...George North....am I nearly there?

    Nope - that's only Cardiff and a bit of Swansea...
  • heneghj
    heneghj Posts: 29
    TheFD wrote:
    Imposter wrote:
    Wales isn't that small - I'm not sure I could name everyone that lives here...
    I'll have a go...
    There's Alex Jones, the other Alex Jones, the man Alex Jones, Taff Williams, Sian Williams, Jonathon Davis....erm...Shane Williams....oh...oh...George North....am I nearly there?


    You forgot Tom Jones, Katherine Jenkins and Cerys Matthews. Oh and Catherine Zeta Jones.

    And finally The Only Gay in The Village and I think thats it
  • Brakeless
    Brakeless Posts: 865
    Don't forget Fireman Sam
  • term1te
    term1te Posts: 1,462
    On a slightly different note, my father once witnessed someone in a car reverse into a parked car whilst parking. As there were lots of witnesses, the driver got out, wrote a note and left it under the windscreen wiper of the damaged car, and drove off. My father went and had a look at the note, which just said "all the people watching think I'm writing my name and address"
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    t4tomo Posts: 2,643
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  • pkripper
    pkripper Posts: 652
    I'd suggest if you want to claim anything, you would do well to report it, and the circumstances to the police, to ensure that you've done everything you possibly can to keep your side of any future case watertight. At least you'll get a case number, which you can then pass on should you decide to pursue.

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