Contacted by NSW Police about traffic incident which never happened

harthagan on 10/05/2020 - 07:40
Last edited 10/05/2020 - 08:19

At the end of last year my parents got a call from police stating they needed to speak with me regarding a traffic matter. My parents gave me the officers name and contact number and I called her up. She said that someone had reported being involved in a collision with a car that was registered in my name.

I explained that I had not been in any collisions and that no one else had driven my car on the day in question. She told me that regardless they (nsw police) needed to see me in person to take down my driver details. I told her that I wasn't going to give up my driving details when I wasn't involved in any traffic incident because I don't want to get a phony insurance claim against me for an accident I was never in.

Anyway I never heard anything further about it until 2 weeks ago I got a card left on my door from the police. On it was written to email the police officer otherwise I would receive a fine. I emailed him and he arranged a night to come over and "see me" but he never came. When I called the following day he said he was working at another station but that he needed me to come there that day or I'd get a "big fine". I went there and waited for over an hour for him before having to leave without getting to see him.

Anyway since then the original female police officer who I spoke to at the beginning is now calling me again and saying I need to go to any NSW police station immediately and give them my details.

I still don't see how I'm legally required to give over my details unless I was involved in the alleged incident/collision. Is there a law saying that I must comply with this request? The last time I spoke with her she threatened with charging me with something if I don't do what she says.

<EDIT>

I should have mentioned the original officer did give me some details of the “incident” just the date, time and location. It was in a suburb over an hour from where I live and somewhere I have never driven before, let alone on the day in question.

Automotive

Comments

      • Pantagonist on 11/05/2020 - 11:11
        +2

        Considering all your replies, you missed the one where the OP has sort legal advice

        I also missed the post where OP stated that they had sought legal advice and subsequently made that comment based on receiving that advice.

        • harthagan on 11/05/2020 - 11:17
          +3

          I have not yet received any. Called and left some very brief details about the issue and was told that one of the legal aid lawyers will call me back about it. No idea what kind of time frame that would be though

          • RockyRaccoon on 11/05/2020 - 11:24

            @harthagan: Ok - sorry I read into your post that you had contacted them, I assumed given your change in thoughts that they confirmed the advice given here that you need to give a written statement. I believe they will but my bad is that you havent received that advice. I'll move on.

            BTW sarahlump is right, the police arent your friends, they need to be impartial otherwise if they played the friends game, only friends would get justice. They may be sympathetic or not but never should be a friend. Dont confuse the two

    • ausmechkeyboards on 11/05/2020 - 19:00
      +5

      The boot licking is insane. In a post where OP is clearly being harassed and has done nothing wrong, people still defend the cop lol.

  • sovrayn on 11/05/2020 - 10:45

    If you have nothing to hide why not send them your location data.
    Provided you have a smartphone and have not turned this off your phone records your whereabouts.

    • samfisher5986 on 11/05/2020 - 11:31
      +2

      While this can help, its easily changed.

  • Samsungnote10 on 11/05/2020 - 10:51
    +2

    op, how about this? my suggestion,

    if you arent getting anywhere with this particular police officer, and you know its not an identity theft scam,

    why dont you contact the head "police" officer of the station, and put in a complaint in writing,

    unless the head police officer is an idiot, they should either investigate it
    I do this with other service operators who give me shocking service, I just go above their heads, and most of the time I get a satisfactory result

    and if this police officer in question is that bad, then he/she may get into trouble as well, which serves them right

    • harthagan on 11/05/2020 - 11:22
      +3

      Thanks I'll see what legal aid have to say first (hopefully if they get back to me in time)

      • Pantagonist on 11/05/2020 - 11:39
        +2

        Just so you know, Legal Aid NSW is primarily for assisting disadvantaged people to resolve their legal problems once they have a court date.

        You're entitled to wait, but I'm pretty sure you'll either receive the same advice as you've received in this thread or none at all. There are a number of links to lawyer websites in this thread that dish out the advice you're seeking free of charge.

        I don't know your financial situation or if you're likely to be able to access the service, but if you want Legal Aid to assist you in court proceedings you'll need to prove that you're eligible to access their services by applying for a grant.

      • andyken on 11/05/2020 - 17:21
        +3

        legal aid won't do anything until you have a court date, save your time, tell the police It wasn't me, stop calling me unless you have proof. you can send me a fine and I will gladly happily challenge it on the court.

  • muchape on 11/05/2020 - 11:30
    +1

    Go in and say (no comment)

  • UFO on 11/05/2020 - 12:25
    +5

    This has turned into a massive mountain, from what was a pretty small molehill.

    Going into the station and providing a statement would have been perfectly acceptable. It's your version of events, not an admission of guilt under gun point for goodness sake!

    Give your details, give a statement stating you are the registered owner/driver etc, AND IN THAT STATEMENT TELL THEM THE TRUTH!

    You dispute the claim completely.
    You have no idea how the person got your number plate.
    You don't drive in that suburb because you have no need to… ever. etc etc etc.

    Giving your details to police is a formality. They already have your details.
    The fact someone hands over your registration details means nothing.
    The police can't prosecute you based on the word of a member of the public…. otherwise anyone could just rock up to the police station claiming the guy that last cut them off is responsible for the damage sustained in a car park bingle a week earlier.

    Other than a number plate, is there any other evidence that a crime has been committed?
    Dashcam, independent witnesses?!?

    Nominating a numberplate is nothing.

    You've done nothing.

    If you feel the need, get legal advice…. but treating the cops like they are the bad guys is the wrong way to go to clear your name. Their job is to COLLECT EVIDENCE and MAKE ENQUIRIES. Your needlessly fearful actions are preventing them from doing that, so like a dog with a bone they push harder.

    If you simply openly and honestly discussed this at the very beginning, you wouldn't be in this hole. But avoidance and needless difficulty is EXACTLY what actual criminals do. No one is insisting you sign a document in blood admitting all offences under punishment of death!

    But that's the rubbish reactions of people in this thread bleating about Police abusing powers etc. If you just helped with their enquiries in the first place, you wouldn't be here now!

    • Vote for Pedro on 12/05/2020 - 09:16
      +7

      The thing is OP has tried to be helpful. Police keep not showing up and actually making unreasonable threats/demands.

      It’s been going so long that the police know they have nothing otherwise they wouldn’t be harassing OP.

  • OzHunterNSW on 11/05/2020 - 12:56
    +1

    DO NOTHING

    The police have all your details upon their system…. so why would they need your driver's license?

    You have done nothing wrong…. it seems as if they are threatening you with bogus crap.

    Do not run after them… you have done you best to comply with them.

    It seems strange they are never at the police station…. if they contact again, get badge numbers.

    DO NOT hand over any documents…. do not say anything further.

    BLUF them back… get them to issue you a fine…. they can't because you have done nothing wrong.

    Seek legal aid for advice.

    Sounds like they want to set you up…. they just need a clear id of you.

    • downhillar on 11/05/2020 - 14:28
      +1

      Why would they need a 'clear ID' if they already have all of his details like you said?

      They need him to make a statement.

    • Euphemistic on 11/05/2020 - 17:20

      That sounds like terrible advice. It’s not an investigation into a drug dealer, just an MVA. It needs to be cleared up ASAP by talking to the police and providing a statement to prevent the need to have to contest a fine in court.

      If the OP is innocent, and can provide proof it will save a lot of heartache.

      • andyken on 11/05/2020 - 17:23
        +1

        it was not if it was me, I will do that advise. stay calm, talk to them and say "IT WASNT ME" and that's all you need to do. ask them to send you the fine and you will willingly proof it in the court of law.

        • Euphemistic on 11/05/2020 - 18:12

          So you’d prefer to not give a statement at a time you can arrange but instead collect a fine then have to go to court to contest it?

          • andyken on 12/05/2020 - 17:05
            +2

            @Euphemistic: Yes, there is no point to clear your name when you are the suspect, the more you say, the more they can use against you. you say one word wrong even you don't mean it, that's the end of it, my opinion, just say "it wasn't me", provide them with the stat dec and just wait for the police to make the move, if they send you the fine, object it by lodging a notice of objection or an election to go to court.

  • peppermint420 on 11/05/2020 - 14:26
    +3

    OP is involved and hiding something

    • ssquid on 11/05/2020 - 14:35

      Agreed. If someone had made up/misidentified a number plate there would be little chance of it matching the registered car's description, let alone being kept at a reasonably close address.

      • Euphemistic on 11/05/2020 - 17:16
        +4

        Lots of people can’t identify cars by make or model. It might be as simple as transposed digits or mistaking a letter/number for another and both cars happened to be white hatchback or black SUV or whatever. It’s not uncommon for a bunch of cars to be registered at once and have very similar plates from the same dealer. See that a lot in fleet cars, several sequential rego plates on matching cars.

        I have seen a very similar plate to our car on an essentially identical vehicle. Made me wonder when my wife fitted roof racks.

    • syousef on 11/05/2020 - 21:19
      -1

      This is why the standard of proof in a criminal matter isn't "Some random person on an Internet message board believes…". What you think is irrelevant.

  • Gnostikos on 11/05/2020 - 14:29
    +10

    I'll take administrative error or police harassment for $5,000 dollars.

    That's assuming you're being 100% truthful.

    Have you written any unflattering articles about the AFP/ATO/ASIO or other government branches lately?

    Either:

    • They've got the wrong person.
    • A private citizen has it in your for and is trying to mount a phony driving offence case against you.
    • A police officer/officers has it in for you and is trying to harass you.

    The behaviour of the knuckle-dragging retard who came out to your place and tried to huff and puff and blow your house down, who keeps threatening you over the phone leads to me believe you're dealing with some kind of targeted harassment.

    Most police jurisdictions maintain a database of individuals they consider persona non grata for whatever reason; usually a run-in with the law where the citizen came out on top for once and caused excess monetary loss to the state and/or someone who exposed police incompetence/negligence via legal proceedings. It could even be someone who just forced them to do their goddamned jobs properly for once. Once you're blacklisted, the next time your name comes up in a police matter or comes across their desks for any reason, even if it's a completely trivial, they like to either intimidate you or stonewall you because the mentality that drives most LEOs in their jobs is the same kind of tit-for-tat justice that street gangs believe in.

  • xuqi on 11/05/2020 - 14:56

    Go in and 'Plead the fifth'. :)

  • letmesee on 11/05/2020 - 16:03

    We have people on here saying that the police must follow due process and he needs to lawyer up before talking to the police, yet we believe that the police officer said come in or you'll get a big fine. Who did he talk to, the cleaner. Just go in and stop acting like we live in a police state. Clearing up the situation is not the biggest inconvenience of your life You've probably given more information about yourself joining this site, than you're willing to give to the police. With your evidence they can rule you out, meaning they can investigate further and find which vehicle was really involved. Carrying on like the police have overreached their powers and that you're going to end up on death row as an innocent man, is delusional, and a complete waste of everybody's time.

  • pegaxs on 11/05/2020 - 16:07
    +3

    Under investigation on the 9th April 2018??? Just how long have the police been dragging their knuckles on this??

  • Banville on 11/05/2020 - 17:24
    +2

    OP (Sorry I havent read the whole comment thread) but did they leave a professional/official looking business card with their details on it? Were you able to contact the person your parents talked to via official channels? Just seems very strange all around that it is so vague, and the fact that they were coming to see you but didn't show. Almost like some has put in a false claim using your details.

    There have been scam calls going around in relation to traffic incidents so it's worth assessing the validity of the claim

  • Sawtell on 11/05/2020 - 18:09
    +12

    Its pretty easy to comply with the legislation so you wont get fined. You dont have to present yourself at a Police station. Just send them an email (you have their email address - [email protected] - the 5 digit number is their registered number or employee number).

    Statement under s177 ROAD TRANSPORT ACT NSW 2013

    This statement sets out the evidence that I am prepared to give in court as a witness.​
    My name is XXXX, I live at XXXX.
    I am the registered owner of XXX-XXX.
    On 29 December 2019 I was the driver of the above vehicle. No one else drove or had custody of same on this date.

    That is all you are legally required to say.

    If you wanted to you could add something to the effect of denying all the allegations put to you in the letter.. eg.

    I deny that the above vehicle was involved in a collision on the time and date alleged.

    But you dont have to.

    Sign and date the statement (use PDF signing) and then email the statement to them.

    • Yawhae on 11/05/2020 - 18:52
      +5

      This is perfect. It says the bare minimum and stops you from going into the station and potentially saying something that the police will try to use against you. It's always good to keep in mind that police rarely have your best interest in mind especially with this case since they've been hounding OP so much.

    • MrFrugalSpend on 13/05/2020 - 00:49
      +1

      This is what I was wondering - why the hell would they need to see you in person!? They already know who you are and your contact details as its public record for them… all they need is for you to make a formal statement about the alleged incident which can surely be done via correspondence.

      I would do this and add the details that you deny it was in a collision and if you are very sure you went no where near that suburb, and if true, that it didn't even enter the subject street/suburb on the day in question. However don't write anything that could be misinterpreted, and certainly don't state you didn't go to that suburb if you did go near it - as they may have a record of it from somewhere (cameras, tolls etc).

    • pegaxs on 13/05/2020 - 19:29

      I would delete that last line. The information above it is all you are required to give. Name, address and confirm ownership of the vehicle. Saying any more than that can set you up.

      Don’t admit to driving the car on the day and don’t admit to anyone else driving the car on that day. Just omit that whole part.

      On your next advice about denial, don’t deny anything, but don’t admit to anything either. If they want to know more than the owner and the owner’s details, tell them you will need to consult a lawyer…

      Statement
      Name
      Address
      License details
      Ownership status

      Any more than that, I will need to speak to a lawyer.

      Thanks

      Signed

  • MessyG on 11/05/2020 - 18:51
    +1

    My take on this is that the cops want this gone as much as you do. They don't want to be chasing people up over nonexistent accidents due to bureaucratic errors, it's not why they went into the force. And yes, while there are multiple dodgy AF cops, there's also a lot of good ones who are there when people really really need them, who save lives. Give them a hand in getting this sorted OP. I know it's an inconvenience and you're well within your rights to lawyer up and refuse to give information because f*** the man etc, but you could also just be helpful. No you're under no obligation, and there's no reason why you should, but give it a try.

    • ausmechkeyboards on 11/05/2020 - 19:15
      +3

      Shit flows from the top. All police are trash.

      Want a simple litmus test? The police minister shot a fully automatic rifle. This is a fully regulated rifle. He is not a police officer, he doesn’t have any type of firearms license (not that you can even receive a license to touch one in Australia as a civilian). He has not been arrested. This is a clear crime, and if anyone else was in the same boat they would have been punished within 24 hours.

      Why hasn’t he been arrested yet? Until he is arrested, you can’t play the ‘not all cops’ game when any cop has the authority to do it and not a single one has chosen to do so.

    • Pimpiticians 4 Life on 13/05/2020 - 14:09
      +3

      The inquiry heard in one case, a 15-year-old boy was stripsearched after a sniffer dog lingered near him.

      It heard an officer directed the boy to: "Hold your dick and lift your balls up and show me your gooch."

      Another boy was stripsearched by an officer who "made contact with his testicles" while not wearing gloves.

      In all four cases the LECC found the searches to be unlawful because officers made no attempt to contact a parent, guardian or support person, as required by law for a person aged under 18.

      But it stopped short of making any findings of misconduct against any of the officers involved.

      The LECC found it had not been necessary for the girl to be completely naked, or for her to be asked to remove her panty liner and squat, or have her vagina inspected.

      https://www.abc.net.au/news/2020-05-08/nsw-police-watchdog-f…

  • missyr on 12/05/2020 - 00:22

    How did NSW Police get your phone number to call you?

    I personally have an incorrect phone number that is disconnected on my RTA record.

    This forces them to either show up in person or not, to my address.

    Calling and threatening you by telephone is VERY lazy police work!

    • Eeples on 13/05/2020 - 13:31
      +2

      The OPS parents gave the number to the police.

      The question is how did the cops ring the OPs parents on the day of the incident?

      • Euphemistic on 13/05/2020 - 14:14
        +1

        It used to be called the white pages.

      • harthagan on 15/05/2020 - 02:49
        +2

        No they didn’t. They just gave me the name and number of the police officer and I called them back the following day

  • Bunglex on 12/05/2020 - 00:32
    +13

    It seems this is old and almost everything has been said. I just want to add a couple of points.
    1) The original police contact was an officer phoning the OP and requesting to see her in person to take down her driver details. This is nonsensical as they clearly have her diver details i.e her name, address, registration etc. The OP is either leaving something out or the police are lying.
    2) Needing to see OP person likely means they want a formal interview but didn't wan't to warn the OP. CONCLUSION: You need to see a lawyer, especially before answering any questions in a formal interview.
    3) Remember the police are legally allowed to lie and they do lie all the time. They probably wanted evidence and you can't ever convince police of your innocence which is why all lawyers say don't answer any questions without a lawyer, ever, whether guilty or innocent, regardless of situation etc.

    My experience: I received a card on my door from an officer and after ringing he said he wanted mw to come down to the station for a quick chat but he didn't tell me I was a suspect and made it sound unimportant when I asked why. So I forgot and never went down to see him. But he called couple weeks later and got real angry saying I broke my promise to which I replied sorry but you said it wasn't anything important. Once I did go, I was accused of selling stolen goods (which were not stolen as I purchased at least one item myself brand new). I got lucky that the officer claimed he knew the item I bought new (not others I bought second hand) was stolen because the serial matched somewhere, otherwise I would have believed the rest of the stuff he said and being a scared 18yo might have confessed to something i didn't do out of fear when they gave me the "just admit it now and you will get off lightly or we will send you to prison". At end of a pointless interview where nothing I said changed their mind, they said they would be sending me court summons in the mail which never happened. I assume what happened is they thought the had the guy for whatever reason, felt like I was avoiding them so they lied about evidence they had because they needed a confession.

    • raiseyoursteaks on 12/05/2020 - 10:52
      +4

      Point 3 is an eye opener.

      • shoppingbag on 12/05/2020 - 19:08
        +2

        They do lie and bully people without punish. But if you lie to them can make your life hell.

        Police investigation doesn’t occur that much in this modern day, lt’s more of intimidation and threat to resolve case. The other option is avoiding to registering cases so there is none to resolve

        • Bunglex on 13/05/2020 - 18:33
          +1

          Yes true, good point. It can actually be illegal to lie to police which is why you are better just refusing to answer than lying (assuming you dont want to tell truth for whatever reason) even if it makes you sound guilty of something. If you lie and the police find out they will be super pissed off.

    • Sandez on 12/05/2020 - 11:55

      1. This is likely a misinterpretation, as you said the Police have his details, they are speaking to him after all. They want the drivers details and need it signed in writing, hence why they need to see him. Such is the requirement and legal obligation from the OP as he is the registered owner of a vehicle. Don’t want that ‘responsibility’? Don’t own a car.

      2. A form of demand is not an interview, you answer the form of demand, they can then caution you and ask questions after but you don’t have to say anything. But you’ve complied with your legal obligation now.

      3. A lawyer will tell you not to say anything, you will then get charged (or fined in this instance) and then need the services of a lawyer. Police look like the bad guy, the lawyer makes lots of money… sounds like perfect advice

      • popsiee on 12/05/2020 - 16:02
        +2

        3) A lawyer will tell you not to say anything, you will then get charged (or fined in this instance) and then need the services of a lawyer. Police look like the bad guy, the lawyer makes lots of money… sounds like perfect advice

        Cmon Bud that is insider info :)

      • Bunglex on 13/05/2020 - 18:31
        +1

        I understand your scepticism but I don't know of anyone EVER getting charged or fined for something because they refuse to give an interview. In all cases where not giving an interview lead to charges would have lead to charges anyway.
        EDIT: I acknowledge I am not a lawyer but I certainly encourage everyone to do there own research and talk to some lawyer they trust or some advocates they trust to find out their rights and obligations regarding the law. In the US citizens don't have to show ID or identify themselves without cause where in Australia as far as I am aware you have to always identify yourself on requwst by a police office regardless of reason

  • Vote for Pedro on 12/05/2020 - 09:37

    I know this is for the US, but it’s an interesting watch. From 27 minutes the police officer starts with his view.

    https://youtu.be/d-7o9xYp7eE

  • Pimpiticians 4 Life on 12/05/2020 - 10:21
    +1

    https://www.abc.net.au/news/2020-05-08/nsw-police-watchdog-f…

    The inquiry heard in one case, a 15-year-old boy was stripsearched after a sniffer dog lingered near him.

    It heard an officer directed the boy to: "Hold your dick and lift your balls up and show me your gooch."

    Another boy was stripsearched by an officer who "made contact with his testicles" while not wearing gloves.

    In all four cases the LECC found the searches to be unlawful because officers made no attempt to contact a parent, guardian or support person, as required by law for a person aged under 18.

    But it stopped short of making any findings of misconduct against any of the officers involved.

    The LECC found it had not been necessary for the girl to be completely naked, or for her to be asked to remove her panty liner and squat, or have her vagina inspected.

    Pimpiticians 4 Life on 12/05/2020 - 10:21 (Collapsed - Offtopic. Show)
  • Pimpiticians 4 Life on 12/05/2020 - 10:26

    https://www.stuff.co.nz/world/australia/73219477/former-aust…

    A former Australian prime minister is on a list of "alleged paedophiles" that Liberal senator Bill Heffernan claims forms part of a police document.

    Pimpiticians 4 Life on 12/05/2020 - 10:26 (Collapsed - Offtopic. Show)
  • raiseyoursteaks on 12/05/2020 - 10:49
    +6

    This is a scam. A friend of mine had the police call them too, they called bakc to check if it was indeed a cop at the boxhill and true enough it was a legitimate guy with the same story. I'm not saying the cops were involved, but people fabricate story and fake the report.

    Someone close to my family had something Similiar, just that instead of the cops, it was AAMI. Someone put a claim and said they were in an "incident" and that the supposedly aggressor ran away. They had the exact car number, location,the colour, the description of the person who drove it. We fought hard to proof immocence, went all the way to Ombudsman.

    Lots of peope finding ways to make money now.

  • mducpham on 12/05/2020 - 11:35

    can't you simply give your details over the phone when you call in to the police station? i'm sure they can find your record details based on your driver licence.

  • Vanit on 12/05/2020 - 11:43

    Side note; if you have an android phone it's possible your location data was captured that day via Google Maps Timeline.

    • holdenmg on 12/05/2020 - 11:45
      +5

      That has been said before, before, before…

      It only shows where someone's phone was, not who was driving.

      • Vanit on 12/05/2020 - 12:02
        +1

        Hah so it has, I TLDR'd.

        • holdenmg on 12/05/2020 - 12:03
          +3

          No worries, I was going to re-read War and Peace… then this thread came along. lol

  • superuser on 12/05/2020 - 12:59
    +1

    keep us posted OP, please!
    If the police officer is as what you have said, man I'm disappointed.

  • King Steuart on 12/05/2020 - 15:54
    +3

    Sounds like fake plates to me. Ask them what vehicle the plates were on and if they have a photo of the plates. Ask them what VN number the offending vehicle has.

  • EspressoDan on 12/05/2020 - 17:03
    +1

    Frankly, referencing last weeks 'Playstationgate', this wouldn't be the first time that an OzBargainer has inexplicably taken to the forums telling a story full of porkie-pies relating to an incident where they are as guilty as a puppy sitting next to a pile of poo to seek some form of absolution.

    The police didn't magic your details out of thin air. If somebody has made a mistake (misread rego?), the longer you wait the harder your alibi will be to prove.

    If you haven't done anything wrong, your failure to help the officer in the first place just seems petty and petulant. I'm sure the police have better things to do, but they need to close the issue to move on.

    • kerfuffle on 12/05/2020 - 21:11

      What's Playstationgate?

      • CBrads4 on 12/05/2020 - 21:15
        +2

        This guy:

        https://www.ozbargain.com.au/node/529062

        Trying to say they were being scammed. OzB sleuths worked out that OP was trying to pull the scam themselves.

        • kerfuffle on 12/05/2020 - 21:17
          +2

          That's an XBox and that wasn't last week. Hence my question

  • Sawtell on 12/05/2020 - 18:50
    +3

    OP is in gaol!

    • factor on 13/05/2020 - 12:08
      +3

      Fully supportive of gaol for any OP that leaves the thread hanging.

  • Littlevu on 12/05/2020 - 21:16
    +6

    Not sure if this has been suggested yet but complete a Statutory Declaration with all the details the police provided you that the (make model year rego) was not in (location) on (date and time). To the best of your knowledge no one else was driving the car at the same date and time of that location. Then head to nearest police station and sign in front of whoever is at the duty desk and have them witness. Ask for a copy and have them certify. Keep that copy of matter ever heads to court.

    If you get a fine then complete the section where you will have matter contested in court. Let the police know you will be seeking costs if matter goes to court. Get a solicitor (you’ll have to pay them first but then can seek the court for the cost when or if you win).

    Police will be involved and will need to present evidence and witness statements etc. if you weren’t driving or caused the accident, then hard for them to apply any charges or fines and win it at court.

    Good luck buddy.

    • UFO on 12/05/2020 - 22:58
      +2

      great advice, spot on!

  • spiderbite88 on 13/05/2020 - 08:23
    +2

    Don't the police already have your details? If they have his rego and phone number what other details are they wanting?

    • ssquid on 13/05/2020 - 08:30
      +1

      Probably where OP was at the time of the accident, for a start…

  • macrocephalic on 13/05/2020 - 10:12

    If the police have contacted you then they already have your details. The probably need you to make a statement that you weren't (or were) involved.

  • OzCheapo on 13/05/2020 - 12:10
    +1

    Also raise this issue with your MP. And if it escalates, the MP should help mediate the issue/lobby the police

  • Technics on 13/05/2020 - 12:43

    IANAL but it seems like you are obligated to provide contact detail. Why they need them, given they are already in contact with you is certainly interesting. I'd call my insurance company before doing anything. They have legal department and certainly will want to avoid any liabilities. I wouldn't make any other statement to the police as even a denial that you were there may inadvertently harm any later defence (if it comes to that). If it turns out they have a credible witness who claims that you were in the area (even if that witness is mistaken) then you suddenly you may look like a liar and any claim you make that you weren't responsible for whatever is alleged to have happened could be cast into doubt. So even a (truthful or otherwise) denial can harm you.

  • Blue Suby on 13/05/2020 - 13:16
    +4

    This happened to us a few years ago. We were sorting out stuff from after our son passed away and he had a van with QLD reg. The cops visited and we were able to prove that we hadn't fueled up at a particular servo on the day of the alleged incident (It was the day and time of our son's funeral) the cops examined the van which obviously hadn't been washed or polished and had no new visible damage from a dark car. You are by law needing to provide details to a police officer but if (like us) you were sure no incident occurred, then this could have easily been resolved if the police examined your car for damage when you were first contacted.

  • jaycn on 13/05/2020 - 13:26
    +1

    I was in a similar situation about 10 years ago. The idiot that reported to police gave incorrect number plate information. Luckily the police made the trip to my place in a timely manner and saw my car was in perfect condition and so they fact checked the idiot's information.

    Reported information: White Toyota number plate ###X
    Actual information: Silver Toyota number plate ###8

  • punk000 on 13/05/2020 - 14:07

    plead the Fifth if it is a criminal investigation
    https://www.youtube.com/watch?v=d-7o9xYp7eE

    • peterpeterpumpkin on 13/05/2020 - 15:01

      In Australia, while you can also remain silent, apparently when one is arrested they are legally informed that silence may harm their defense (since the court may consider that action was taken to construct a different versions of events). I wonder if an analysis of the Australian system has been performed?

      It seems Australian judges give a lot of weight to character references during sentencing. But having the officers wear body cams can work in your favour.

      • Technics on 13/05/2020 - 15:15

        IANAL but AFAIK there's only a few circumstances where the caution can be given and a negative inference can be made. I.e. Evidence Act section 89A in NSW only applies to serious indictable offences. I'd be very concerned for OP if this met the requirements. It can only be done when there's legal assistance there.

        • peterpeterpumpkin on 13/05/2020 - 17:03

          Thanks for clearing up 89A (I had a quick read of it). I don't think we have OJ Simpson on our hands here.

          I understand you do have to divulge your name, address and DOB when asked (it happened to me a few times during police operations in an area), but this is a reversed situation. If OP didn't expressly state they wanted driver details I'd assume the police were performing a validation of physical existence and registered details. This is because fraudsters often give false details they know they can get away with ("the parents" that received the call aren't the parents; or are the real parents but are in on the fraud but the subject no longer lives there due to a disagreement, running away from home, murdered etc).

          Normally you'd only nominate a driver if you agree with the proposed facts. It happens with speeding fines where a camera is involved. But I don't like the direction we're going in with presumed guilt, like with the report a tosser program. That's KGB level stuff right there.

          • Technics on 13/05/2020 - 17:55
            +1

            @peterpeterpumpkin: I agree that the OP should provide their particulars but that's it. Though the police already seem to have those details given the apparent ease of communication. Innocent until proven guilty means just that. OP doesn't have to prove their innocence. It sounds like the police have barely outlined the reasonable grounds for requiring the OPs details. Right to silence aside the OP is already on the back foot in terms of information asymmetry. I'd STFU unless I had legal advice otherwise. Don't play Russian Roulette. Leave the gun on the table.

        • [Deactivated] on 13/05/2020 - 20:21

          The actual caution that cops give people charged with an offence in Australia is :

          you are not obliged to say or do anything unless you wish to do so. But it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say and do may be given in evidence. Do you understand?

          • Technics on 13/05/2020 - 21:06

            @[Deactivated]: All offences anywhere in Australia hey? Sauce? It is true for 89A in the NSW Evidence Act. But that only applies to serious indictable offences (Normally meaning those carrying a term of imprisonment of 5 years or more). Hardly likely to apply here. The right to silence without adverse inference applies in all other cases (and states). So unless the crime is serious and you're in NSW you won't be hearing anything like that when being charged. It also won't happen without a qualified legal practitioner acting for the defendant being present or consulted beforehand even for serious offenses in NSW.

            • [Deactivated] on 13/05/2020 - 21:22

              @Technics:

              All offences anywhere in Australia hey?

              I overheard them reading the act to someone during a fairly dramatic arrest. I was surprised that it differed so much from what I'm used to hearing on cop shows.

              For once, I'm quite happy to stand corrected.

    • Revrnd on 13/05/2020 - 19:09

      Why would pleading to the US Constitution 5th Amendment do anything for Australians?

  • ozgeek on 13/05/2020 - 14:52
    +1

    Just go to your local police station and say like this or write a letter:

    My name is blahblah blahblah. I was accused of an offence alleged having taken place and my rego was recorded. I can assure that I and my car was not at the scene in time and it may be possible that the rego recorded is a mistake or may have been cloned. I have never been to the place in question since (insert date here) or never. And I would like the situation cleared up since it is causing me undue stress over a situation I have taken no part in."

    Then they have your side of the story. You are defending yourself from something you had no part in and that will go against the complainer for filing a false report.

    • Technics on 13/05/2020 - 15:17
      +3

      What happens when the nice old lady across the road says she also observed blahblah blahblah? Why make a statement when STFU is a perfectly viable option?

      • pegaxs on 13/05/2020 - 19:04
        +2

        Absolutely spot on… it’s STFU Friday… it’s bad advice to write anything or say anything to police like @ozgeek is suggesting. Give the details you have to by law, ie: name, license and nothing else without a lawyer present.

        There is a really good video here about why you don’t talk to police. Sure, it’s a video from the USA, but the basics of how police can manipulate anything you say to help their case and still relevant anywhere…

        • Technics on 13/05/2020 - 21:31

          I prefer to hear it explained by the Cheech and Chong of the legal profession without the circumlocution here.

          • pegaxs on 13/05/2020 - 23:22

            @Technics:

            • When the police ask you to attend the station, you ask “Why did you ask me to come in?”
            • If you were asked about what you were doing on 29 Dec. 2019, you say “I’m not talking about my day.”
            • When they ask you if you know anything about an accident on that day you ask “are you questioning me or am I free to go?”
            • If they say you’re being questioned, you reserve your right to silence
            • and then what do you do? You STFU…
    • punk000 on 13/05/2020 - 23:06
      -1

      plead the Fifth https://www.youtube.com/watch?v=d-7o9xYp7eE

      • Kupotan on 14/05/2020 - 03:47
        +2

        This is Australia.

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