Hi.
Have received a summons to appear (no option to plead by post) stating:
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Summons
Chief Constable Norfolk Constabulary CHIEF CONSTABLE (NORWICH) of Falconer's Chase, Wymondham, Norfolk says that you committed the offences shown. The court will hear the case on <date> at <time> at <court address> (telephone <phone#>).
Attendance
You must attend the Court 30 minutes before the time shown above. This case cannot be heard in your absence. If you do not attend, the court may issue a warrant for your arrest (and you may be held in custody until you are brought before the court) or the court may deal with the case in your absence.
Offences
<some long number> Date of Information: <a date 5 days before six months were up>
Prosecutor Reference: <another long number>
<another long number> On <date of crash> at Norwich in the County of Norfolk, being the driver of a mechanically propelled vehicle namely <make of my car> <model of my car>, index number <registration mark of my car> owing to the presence of which on a road, namely <road I slid down> an accident occurred whereby damage was caused to property forming part of the land on which the road was situated or land adjacent to it, namely boundary wall to <place I crashed into>, failed to stop. Contrary to section 170(4) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988
Contrary to Section 170(4) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
This offence carries penalty points.

<some long number, similar to above> Date of Information: <5 days before the 6 months were up>
Prosecutor Reference: <same as above>
<another long number> On <date of crash> at Norwich in the County of Norfolk, being the driver of a mechanically propelled vehicle namely <make of my car> <model of my car>, index number <registration mark of my car> owing to the presence of which on a road, or other public place, namely <road I slid down> an accident occurred whereby damage was caused to property forming part of the land on which the road was situated or land adjacent to it, namely boundary wall to <place I crashed into>, and not having given your name and address to a person having reasonable grounds for requiring you to do so, failed to report the accident at a police station or to a constable as soon as was reasonably practicable, and in any case within twenty-four hours of the occurrence of the accident. Contrary to section 170(4) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988.
Contrary to Section 170(4) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
This offence carries penalty points.
<...>
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Now, I did stop at the scene for several minutes; some mechanics from a nearby garage came over and had a look at the damage (to my car, just some cracked plastic, to the wall, a hole). Was apparently seen by a colleague doing this, as I got an e-mail asking how bad it was as I'd been seen.
Didn't think this was a reportable accident, so just called the insurance company. Week and a half later, got a NIP and S172, and a form headed "ROAD TRAFFIC COLLISION AGREEMENT FOR EXCHANGE OF PERSONAL DETAILS" (blank copy Click to view attachment, can't immediately find a completed copy). Which at the bottom says:
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Further Police Action may not be taken in this matter providing that the information supplied by you above is complete and accurate.
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So I duly completed the S172 and the agreement form, and returned them. Didn't hear anything for 5 and a half months, so assumed that nothing further was going to happen...
Now, I've since realised that it was a reportable accident, but I didn't at the time. The building I crashed into appeared to be closed, so figured the best course of action was to contact the insurance company.
Spoken to the RAC legal advice line, who confirm that I am indeed guilty of fail-to-report, and that make the points that I did stop to discuss damage, I did go to contact the insurance company, and honestly didn't think the police would be interested, hoping for mitigation.
There are a couple facts which may be relevant:
* I think I mentioned to one of the mechanics where I work (a really short distance away), and most of the people on site know what car I drive. And knew about the accident. The police apparently attended later in the day, but evidently didn't look for me.
* The ice on the pavement was quite severe, and I almost slipped over when I got out.
* By the time the NIP was dated, I'd already had confirmation from the wall owner that he'd spoken with my insurers.
Are either of these likely to help with mitigation?
I'm guessing it means absolutely nothing that the summons is not signed, nor does it have any kind of stamp on it. Also guessing that the agreement to exchange means nothing to the court. Is there any point writing to the chief constable saying that I feel deceived by the wording on the form, would he please either consider dropping the case, or record a complaint? http://www.norfolk.police.uk/aboutus/ourpr...cingpledge.aspx starts, after all, with "1. Always treat you fairly..."
I know, should've reported the accident, should've asked for help earlier (but genuinely thought that the Police weren't interested as long as I agreed with the details exchange, not that there was much point; the insurers were already handling!).
Seen the mags guidelines, so know I'm looking at ~500 quid fine, and 5-10 points, possible disqualification.
Many thanks for any further suggestions?
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Regards, SlidDownAHill.

Which accidents are not reportable or do not require exchange of details at time?
The only ones I can think of are running over a cat or wild animal.

If you had posted your details through the main entrance then you may have had a defence for FTR

Hi.
I was slightly confused by the answers at https://www.askthe.police.uk/content/@132.htm. My intention was that my insurance company would handle notifying the other party. Have been told often enough that, according to the terms of most insurance policies, only the insurance company is permitted to admit liability, and that admitting liability myself (even occidentally in a note; "Sorry, crashed into your wall, driver details are...") could bite me later.
Of course, a few days later, learned that of course it was reportable. Few more days later, was somewhat relieved (knowing how serious FTR/FTS are) that the police led me to believe they'd take no further action if I signed this agreement.
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Regards, SlidDownAHill.

Rather than going to various websites, check the highway code (s286):
http://www.direct.gov.uk/en/TravelAndTrans...ycode/DG_069863

Section 170 of the RTA if you want to see the exact law. Unfortunately, not knowing the highway code/law would not be a defence.

Hi.
Ta, but I misinterpreted that too (I had just crashed into a wall); noone at the scene asked, and I spoke to the mechanics. As I said, I've since discovered that it, of course, was reportable. Even found some case law on here where a judge said something about not seeing why the absence of the owner of a wall should allow a driver to get off without reporting/compensating.
Question is, how worthwhile the fact is as far as mitigation goes.
And is it even worthwhile asking the chief constable if they're prepared to reconsider bringing the case, given the apparent concession on the form?
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Regards, SlidDownAHill

Fact: You crashed into someones wall and damaged it
Fact: You failed to either notify the owner or the Police

The fact you told your insurer is irrelevant, they won't be going out of their way to pay out, they won't contact the owner of the wall for you, telling the owner you hit the wall as a bald statement is not admitting liability.

Pleading guilty is the only vchoice you have as far as I can see, because you are.

You can plead naivety/stupidity to try and mitigate the sentence handed down, but that's as far as it goes from what I can see.

Simon

Hi,
Ta. But they did contact the wall owner, and I've e-mail from the wall owner confirming that he had indeed spoken with an individual from my insurers claims dept. The day before the date on the NIP.
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Regards, SlidDownAHill.

Hi.
Well, all done. In court for about 5 minutes.
Contacted the CPS in advance, and they agreed to drop the failure-to-stop charge in exchange for a guilty plea on the failure-to-report.
The fact that I'd discussed this with the CPS was brought up by the prosecutor. I then mentioned the insurance contact and that I'd checked with the wall owner.
Heard one of the Mags point out to another that "moderate" damage was band C.
But, if I've got my sums right, 1/3 discount for early guilty plea, I seem to have 90% weekly income fine, somewhat below band C (125%-175%). Would seem that mitigation helped with the fine. Lots.
Got 7 points, and warned that if I got up to 12 I'd be facing that ban. 12 years with no points, think I can manage a few more years without gathering many more points...
Insurers have said that it won't affect my premium till renewal (!). So, by keeping this hanging over my head for 6 months, it would seem norfolk constabulary have actually managed to do me a favour; recently just renewed, and the offences will be over a year old come next renewal...
Moral? After any bump involving anything unattended, go report it.
Oh, and it seems credit card payments at Norwich Mags attract no surcharge. So supermarket points on the fine+costs. ;-)
Which just seems wrong somehow.
Very wrong.
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Regards, SlidDownAHill.