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I used to be taking my bike in for a service. On the best way I ended up behind a VW campervan which appeared to have every little thing together with the kitchen sink inside it, and two surfboards tied on high (subsequently I discovered they had been heading on a tenting/browsing journey).
They had been cruising alongside at about 50mph in a 60mph restrict. As I used to be trying to overtake them, they hit a bump and the following factor one of many surfboards fell off the highest of the wagon and bounced into the highway in entrance of me. I stood completely no likelihood of avoiding it and the following factor I do know I’m wanting skywards fully winded and struggling to breathe.
Two faces then appeared above me and Dave and Dave (sure, they had been each referred to as Dave) helped me up. These had been the 2 ‘surfer dudes’. They had been very apologetic and to be truthful very nice lads. Principally, one of many Daves had cocked up and never strapped the final board on correctly.
Anyway, a policeman occurred to be driving previous and determined to cease. Honest sufficient. He then began berating the Daves and stated he was going to nick driver Dave for driving with an insecure load. I instructed the policeman to relax, that these items occur and so they have insurance coverage to pay out for my broken bike and equipment, and so on., (fortunately I didn’t break any bones).
He shouted at me to maintain my ‘huge nostril out’ while he wrote Dave the motive force a ticket. As soon as he had handled that, he then turned his consideration to my bike and located that I had a bald rear tyre, took {a photograph} after which issued a hard and fast penalty ticket. I couldn’t imagine it. And with that, he left the scene providing no assist or help in anyway. He was the least sympathetic human being I’ve ever had the misfortune to satisfy.
Subsequently, by no fault of my very own, I acquired taken out by a surfboard and acquired a ticket for the privilege. So my questions are this. I genuinely didn’t know I had a bald tyre (I settle for it was bald and right down to the canvas to be truthful) and was off to get the bike serviced. Can I exploit this as a defence, i.e. it could have been noticed by the mechanic after which changed? Additionally, will me using with a bald tyre have an effect on my declare towards Dave the motive force and his insurer?
Reply
It actually seems the police officer acquired out of the fallacious aspect of mattress that day. So first issues first. If he has turned up and began shouting at you and the Daves, you may take into account a criticism towards him. While I get he has a job to do, he shouldn’t be an arse and shout at individuals.
Transferring on from that, your urged defence is not any defence I’m afraid. The legislation says you might be accountable. By all means you may go to courtroom and attempt to defend this, but when the officer turns up along with his {photograph} of your bald tyre and offers proof, you’ll lose and be discovered responsible. Subsequently, my recommendation is you settle for the mounted penalty provide of three factors and a £100 wonderful and transfer ahead together with your life.
As on your declare towards driver Dave and his insurer, except they’ll show your bald tyre contributed to the accident (which appears unlikely) then there must be no situation.
Andrew Prendergast
Extra Bikes September 2023
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