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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
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Hi I was wonderig if I could get some help and advise.On the

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Hi I was wonderig if I could get some help and advise.On the night of , I was driving around the roundabout (the royal circus) I was doing about 20mp. It was dark and late, but the street lights had not come on as yet. As I approached the bollards with my lights on I slowed down even further as I saw a black car in front of me had slowed down, as I can remember this car was either a black rover or a black VW Saloon.
I saw the car in font swerve to the right sharply as if it was avoiding an obstacle then swerved left and headed towards Glennie Road. I cautiously done the same in anticipation that something was in the road. However as it was dark I didn’t see anything until the last moment, I suddenly saw a black figure tumbling /staggering towards my car from nowhere. So as I tried to avoid the figure but the figure managed to hit my car on the passenger side.
I abruptly stopped put my hazard lights on and went to see what it was. I found a middle aged lady lying on the floor dressed top to toe all in black to the left of my vehicle. I ran over and asked her if she was alright to which she moaned and sat up to talk to me from the road by herself. I told her to stay lying and I helped to her to lay back down. Then I ran back to my car to get my phone and a blanket. By this time a passer-by came to my assistant. I only managed to find my coat which I placed over her body. During this time the pedestrian call for an ambulance on my request. To make sure she was ok we asked her name to which she told us and then started asking further questions regarding herself just to keep her conscious and alert. At this point she answered and she sat up by herself again in the road.
The ambulance car arrived not long after and then shortly after the police arrived. At this point the public driving by or commuting were stopping at the scene trying to provide assistance where necessary and where a witness to the conversations. The injured then stated that she was not sure if the previous car had hit her first. This would mean I would have little or no control of the situation. This statement others have heard also. The lady then stated that she was crossing at the bollards on the road about however this is not true. From the place of impact and the positioning if the injured lady she was in the dark not well lit area of the road and was well away from the designated crossing area. The ambulance and the other witnesses can prove that.
I had not been speeding or under the influence of any substance. My airbag did not deploy and nor did the injured lady travel up my bonnet into my windscreen over my roof and down; as the impact was not head on.
When the ambulance arrived only then did the ambulance driver and myself help move the lady. She was able to walk carrying her own weight back across the road to a bench on the pavement of the roundabout. She again repeated at this point the she believed that it was the first vehicle she collided with.

the officers believed that I was correct and that the injured lady may be a bit confused.
I was told that I would get a response within 4 days but I have received a response after a month. The letter i have received a letter from the met police stated that they have misplaced / lost my statement and would like me to submit a new one. which I have included above. please can you advise. as far as I am aware the injured party had minor graze on one knee and a slightly swollen head.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.

Hi Joe


Am I legally obliged to submit a new statement as the one the police have taken they have lost. in ref to the incident this has never happened before I do not have any record what possible outcomes could I encounter. should I / could refuse to submit the statement.






Yes, you can. Nobody can force you to talk to the police. There is no offence in the Uk of refusing to help the police with their enquiries.

If you do take that action though then the risk is that they will just summons you to court for driving without due care and attention.

They are not going to arrest you for this. It will be resolved by a summons.

Of course, that might not happen but it is a risk.

Given that, come what may, you did have a collision with a pedestrian it is probably a good idea to provide a statement. Its your best chance of avoiding charge.

Can I clarify anything for you?

Customer: replied 4 years ago.

Hi Joe thank you


in terms of a ban or points what would I be looking at?

Driving without due care and attention carries either 3-9 points or a ban and a fine of between 125-175 % of your weekly income.

Probably, given her injuries and mitigation, you would get 3-6 points and a fine.

Obviously this is only going to be relevant if you are charged though which isn't guaranteed.
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