Please help regarding legal enquiry

manish7 · 19th August 2008, 23:07

@Anjan --

(1) I do not know date of this accident, and hence nothing to remember as such w.r.t. that date.

(2) I mostly work from home, so no office evidence as such.

I will be consulting a lawyer tomorrow, let's see what happens!

Sudipto-S-Team · 19th August 2008, 23:24

I think you guys are overreacting. Simply write to the PS stating that you are terribly astonished by the letter, you have never driven that car under that police station not to speak of being involved in any accident. Also state that you are the owner of the car since xxx and ask them a counter question as to when this alleged accident happened and what was the nature of the so called accident. I think the PS will go quiet and not reply to you because obviously they do not know when the accident happened, otherwise they would have stated it.
I think the onus of proof is on them. Also, the PS has so far done a very shoddy job. I doubt they are very serious.
Keep a proof of sending the letter.

ajmat · 20th August 2008, 09:38

Quote:

(2) I mostly work from home, so no office evidence as such.

YOur mobile and phone records should prove where you were once you fix on the date

NetfreakBombay · 20th August 2008, 10:03

Apart from that, IT team in your company can pull login records from VPN systems. That should show:

1. You logged in to office network on those dates
2. Login was performed from a particular IP (and that IP belongs to net connection at your home)

manish7 · 20th August 2008, 10:58

Quote:

Originally Posted by NetfreakBombay

Apart from that, IT team in your company can pull login records from VPN systems. That should show:

1. You logged in to office network on those dates
2. Login was performed from a particular IP (and that IP belongs to net connection at your home)

Yes, that is what I also had in mind - this would be the easiest proof and I will definitely have it, but don't know if cops would accept it as proof. Whatever - I am consulting a lawyer today.

manish7 · 21st August 2008, 16:42

Some updates here -

I spoke to cops there on the phone number they have given and they informed me that accident took place on 27th July 2008 and two people were injured on the spot and they were taken to the hospital. They found a broken number plate there bearing my registration number (that's what they are claiming). I have to go there soon with my car for them to inspect. :(

27 July was Sunday and I was at home, no login to prove that as such but we purchased TV & Microwave on that day and I paid bill using my debit card. Took delivery on the same night as well - there is no parking ticket for that, but maybe the signing slip for the purchase on that day should suffice.

Anyway - is there any precaution that I must take before going there with my car, such as getting car inspected and record that evidence etc? Not sure if they are trying to frame a case against me to save some big-shot? What precaution should I take so as to make sure that I don't get fooled or trapped due to my naiveness?

Shakensoul · 21st August 2008, 21:06

Just dropping my 2 cents here..

Before you go to the police station and they get to see your car, talk to them over the phone and ask them for the description of the car if they have any from any witness or the victims. If they don't have that information, ask them them to speak with the victims or you speak with the victims to get a description. And record the conversation.

giri · 21st August 2008, 21:44

Do NOT go the police station to face any inquiry/questioning on your own.

This is a legal affair (since they have sent you a written notice), and is best handled by a lawyer experienced in such matters.

The lawyer will know exactly how to reply such notices--and protect your interest, should this matter proceed further.
He will also be able to stall any police/court action with appropriate legal tactics.

Unfortunately, this will end up costing you some money (lawyer fees and stuff).

REPEAT: Do not write any letters to police station on your own. Use a lawyer.

Sudipto-S-Team · 21st August 2008, 21:46

Two more cents from me
Talk to a criminal lawyer. Otherwise you will be ripped off at the PS when you go. You obviously sound naive and shaken. The police will see this immediately and rip you off. Talk to a lawyer and do nothing more than sending them a letter. Don't walk into the trap. Remember, you are within your legal right to knock someone down when you drive with a valid driving license.
It's very naive to say you bought a TV and microwave on that day using your debit card etc. It can, at best, prove you didn't go to the accident spot. It doesn't prove your car didn't knock those two people down.
Again - talk to a lawyer, instead of sudipto roy.

dkamath · 22nd August 2008, 09:58

Quote:

Originally Posted by manish7

Some updates here -

Hi, hope things sort out soon, and in your favour!

The purchase (if done using an electronic card) is enough evidence to prove your stay at Pune on the said date. One more thing, does your car have a metallic number plate? If so, there's no further room for the police to debate. Else, they can match the size of the plate with your current one. Hoping that it should be different. Even otherwise, making a visit in person, along with the true value sales guy (so that he can testify that the current number plate is as-is from the day of your purchase) and a lawyer as well, would help.

Good luck!

manish7 · 22nd August 2008, 10:21

Quote:

Originally Posted by dkamath

Hi, hope things sort out soon, and in your favour!

The purchase (if done using an electronic card) is enough evidence to prove your stay at Pune on the said date. One more thing, does your car have a metallic number plate? If so, there's no further room for the police to debate. Else, they can match the size of the plate with your current one. Hoping that it should be different. Even otherwise, making a visit in person, along with the true value sales guy (so that he can testify that the current number plate is as-is from the day of your purchase) and a lawyer as well, would help.

Good luck!

I do have metallic number plate - how does it solve the problem? Lawyer is being consulted.

hrag · 22nd August 2008, 10:30

Quote:

Originally Posted by ajmat

YOur mobile and phone records should prove where you were once you fix on the date

The problem is not with where manish7 was on that day but where his car was. As per the law, if somebody drives my car, I am still responsible for it. The notice he has received says the car was involved in an accident.

I would say - please focus on all proof of where your car has been. Parking receipts, toll receipts etc. where the registration number is mentioned. While your lawyer advises you on the course to take.

raghu.t.k · 22nd August 2008, 12:30

If this is not a case of mistaken Identity, then it could be Insurance Scam, where the various entities gets a portion of the payout.

A couple of years back there were a few instances reported in Chennai. Most of them from small towns near the city, and close to / on the highways. In one of the cases I know, the make and model was the same, but the color different. Also there was discrepency on the identity of the hit and run victim, and current state of health. The police was expecting the owners to pay the compensation from insurance, rather than take the taking the trouble of proving that they are innocent, since its much cheaper. Though Im not sure how it was closed.

As suggested by others, consult a good lawyer, and gather suffient evidence to show the car was not be in the place mentioned on the given date and time.

BaCkSeAtDrIVeR · 22nd August 2008, 23:17

On face of it, looks like police are dealing with a hit and run case.

Looks like somebody was driving with a fake number plate, and was involved with a hit and run while using your number plates.

Take legal advise. Other BHPians here would be able to suggest names of lawyers on this. Do not delay. Police do not like people who do not turn up when called. (They have the powers to call you to give EVIDENCE; but you are being accused here, which is worse - the summons may come from the court). Move fast. Real fast.

Edit:- ask the lawyer to visit the police station first.

chetan · 22nd August 2008, 23:37

hi manish

something like this happened to me but far more worse but lets not get into that . I want to ask you weather if this accident was a hit and run? .The vehicle must have been involved in an accident before you had purchased .The cops would have done a research on you before contacting you or issuing a notice. When you purchased the car did the dealer give any acknowledgment , do you know how many owners the car had before you bought it , did you get the car transferred completely to your name (this is very important )

you don't have to worry about anything , the police need only proof just give them what they ask for coz if you have all the documents of your deal with the car dealer you wont be in trouble , they will go after the previous owner and they cycle continues till they find the real offender.

so don't worry

19th August 2008, 23:07	#16
manish7 BHPian Join Date: Apr 2006 Location: Pune Posts: 508 Thanked: 0 Times	@Anjan -- (1) I do not know date of this accident, and hence nothing to remember as such w.r.t. that date. (2) I mostly work from home, so no office evidence as such. I will be consulting a lawyer tomorrow, let's see what happens!
	() Thanks

19th August 2008, 23:24	#17
Sudipto-S-Team Senior - BHPian Join Date: Jun 2007 Location: Kolkata Posts: 1,320 Thanked: 290 Times View My Garage	I think you guys are overreacting. Simply write to the PS stating that you are terribly astonished by the letter, you have never driven that car under that police station not to speak of being involved in any accident. Also state that you are the owner of the car since xxx and ask them a counter question as to when this alleged accident happened and what was the nature of the so called accident. I think the PS will go quiet and not reply to you because obviously they do not know when the accident happened, otherwise they would have stated it. I think the onus of proof is on them. Also, the PS has so far done a very shoddy job. I doubt they are very serious. Keep a proof of sending the letter.
	() Thanks

20th August 2008, 10:03	#19
NetfreakBombay Senior - BHPian Join Date: Jan 2008 Location: Bombay Posts: 1,466 Thanked: 1,021 Times	Apart from that, IT team in your company can pull login records from VPN systems. That should show: 1. You logged in to office network on those dates 2. Login was performed from a particular IP (and that IP belongs to net connection at your home)
	() Thanks

21st August 2008, 16:42	#21
manish7 BHPian Join Date: Apr 2006 Location: Pune Posts: 508 Thanked: 0 Times	Some updates here - I spoke to cops there on the phone number they have given and they informed me that accident took place on 27th July 2008 and two people were injured on the spot and they were taken to the hospital. They found a broken number plate there bearing my registration number (that's what they are claiming). I have to go there soon with my car for them to inspect. :( 27 July was Sunday and I was at home, no login to prove that as such but we purchased TV & Microwave on that day and I paid bill using my debit card. Took delivery on the same night as well - there is no parking ticket for that, but maybe the signing slip for the purchase on that day should suffice. Anyway - is there any precaution that I must take before going there with my car, such as getting car inspected and record that evidence etc? Not sure if they are trying to frame a case against me to save some big-shot? What precaution should I take so as to make sure that I don't get fooled or trapped due to my naiveness?
	() Thanks

21st August 2008, 21:06	#22
Shakensoul BHPian Join Date: Apr 2007 Location: AS01 Posts: 498 Thanked: 241 Times View My Garage	Just dropping my 2 cents here.. Before you go to the police station and they get to see your car, talk to them over the phone and ask them for the description of the car if they have any from any witness or the victims. If they don't have that information, ask them them to speak with the victims or you speak with the victims to get a description. And record the conversation.
	() Thanks

21st August 2008, 21:44	#23
giri BHPian Join Date: Oct 2005 Location: bangalore Posts: 35 Thanked: 4 Times	Do NOT go the police station to face any inquiry/questioning on your own. This is a legal affair (since they have sent you a written notice), and is best handled by a lawyer experienced in such matters. The lawyer will know exactly how to reply such notices--and protect your interest, should this matter proceed further. He will also be able to stall any police/court action with appropriate legal tactics. Unfortunately, this will end up costing you some money (lawyer fees and stuff). REPEAT: Do not write any letters to police station on your own. Use a lawyer.
	() Thanks

21st August 2008, 21:46	#24
Sudipto-S-Team Senior - BHPian Join Date: Jun 2007 Location: Kolkata Posts: 1,320 Thanked: 290 Times View My Garage	Two more cents from me Talk to a criminal lawyer. Otherwise you will be ripped off at the PS when you go. You obviously sound naive and shaken. The police will see this immediately and rip you off. Talk to a lawyer and do nothing more than sending them a letter. Don't walk into the trap. Remember, you are within your legal right to knock someone down when you drive with a valid driving license. It's very naive to say you bought a TV and microwave on that day using your debit card etc. It can, at best, prove you didn't go to the accident spot. It doesn't prove your car didn't knock those two people down. Again - talk to a lawyer, instead of sudipto roy.
	() Thanks

22nd August 2008, 12:30	#28
raghu.t.k BHPian Join Date: Nov 2007 Location: Chennai Posts: 468 Thanked: 193 Times	If this is not a case of mistaken Identity, then it could be Insurance Scam, where the various entities gets a portion of the payout. A couple of years back there were a few instances reported in Chennai. Most of them from small towns near the city, and close to / on the highways. In one of the cases I know, the make and model was the same, but the color different. Also there was discrepency on the identity of the hit and run victim, and current state of health. The police was expecting the owners to pay the compensation from insurance, rather than take the taking the trouble of proving that they are innocent, since its much cheaper. Though Im not sure how it was closed. As suggested by others, consult a good lawyer, and gather suffient evidence to show the car was not be in the place mentioned on the given date and time.
	() Thanks

22nd August 2008, 23:17	#29
BaCkSeAtDrIVeR BANNED Join Date: Jun 2007 Location: Kochi Posts: 2,522 Thanked: 752 Times	On face of it, looks like police are dealing with a hit and run case. Looks like somebody was driving with a fake number plate, and was involved with a hit and run while using your number plates. Take legal advise. Other BHPians here would be able to suggest names of lawyers on this. Do not delay. Police do not like people who do not turn up when called. (They have the powers to call you to give EVIDENCE; but you are being accused here, which is worse - the summons may come from the court). Move fast. Real fast. Edit:- ask the lawyer to visit the police station first.
	() Thanks

22nd August 2008, 23:37	#30
chetan BHPian Join Date: Feb 2006 Location: Bangalore Posts: 487 Thanked: 11 Times	hi manish something like this happened to me but far more worse but lets not get into that . I want to ask you weather if this accident was a hit and run? .The vehicle must have been involved in an accident before you had purchased .The cops would have done a research on you before contacting you or issuing a notice. When you purchased the car did the dealer give any acknowledgment , do you know how many owners the car had before you bought it , did you get the car transferred completely to your name (this is very important ) you don't have to worry about anything , the police need only proof just give them what they ask for coz if you have all the documents of your deal with the car dealer you wont be in trouble , they will go after the previous owner and they cycle continues till they find the real offender. so don't worry Last edited by chetan : 22nd August 2008 at 23:40.
	() Thanks