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 Accident no insurance,no road tax,no police report, WKN7729 Chen Yoon Kwee in Salak Selatan

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missysleepy
post Feb 10 2018, 11:11 PM

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QUOTE(TangkapPenipu @ Feb 10 2018, 07:42 PM)
I just sent the Borang 198 (with court stamping) to him yesterday, he should receive it before Chinese New Year, so this is a good
gift for celebrating his Chinese New Year.. biggrin.gif

I think this will make his life easy if he is willing to admit his fault and pay for my repair fee.
Otherwise, he will need to fill out Borang 199 in 14 days from the date he received my Borang 198.

Based on what I know about him, I think he will ignore all letters that have send to him.

I guess he will not come to court and this is his ending story:
[attachmentid=9583297]

Sorry, I think it is inconvenience to disclose my claiming amount now, maybe I will tell you after this court case.
I only can claim my car repair fee based on quotation; other expenses cannot claim
*
good to hear that. if he admitted, he will pay you the cost of repair only?
kind of unfair to you for the time you spent for this. Will he get any sort of punishment from the law ? saman by polis or even jpj? paying you as settlement of his case but yet to get a full punishment for driving without proper road tax and insurance also put others in dangerous next time. by right, polis and jpj should put this culprit in jail for a day .
TSTangkapPenipu
post Feb 11 2018, 12:00 AM

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QUOTE(missysleepy @ Feb 10 2018, 11:11 PM)
good to hear that. if he admitted, he will pay you the cost of repair only?
kind of unfair to you for the time you spent for this. Will he get any sort of punishment from the law ? saman by polis or even jpj? paying you as settlement of his case but yet to get a full punishment for driving without proper road tax and insurance also put others in dangerous next time. by right, polis and jpj should put this culprit in jail for a day .
*
I really do not know if he is going to pay or not?
But this is the only legal way I can try to claim my repair fee.

If he lose this case, he will need to pay me extra RM 100 based on page 4 of Borang 198.

I think most likely he will not show up in court. So at the end of the day, police will go to his house to arrest him.

Punishment? I think no. Nobody is going to charge him for driving without road tax and insurance.
Sergeant said Chen Yoon Kwee did not get saman because he did not come to make a police report, therefore Sergeant was unable to identify him.

Court, JPJ and Sergeant did not want to take action to against him for no car insurance and no road tax, what can I do?


This post has been edited by TangkapPenipu: Feb 11 2018, 01:28 AM
missysleepy
post Feb 11 2018, 09:42 AM

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QUOTE(TangkapPenipu @ Feb 11 2018, 12:00 AM)
I really do not know if he is going to pay or not?
But this is the only legal way I can try to claim my repair fee.

If he lose this case, he will need to pay me extra RM 100 based on page 4 of Borang 198.

I think most likely he will not show up in court. So at the end of the day, police will go to his house to arrest him.

Punishment? I think no. Nobody is going to charge him for driving without road tax and insurance.
Sergeant said Chen Yoon Kwee did not get saman because he did not come to make a police report, therefore Sergeant was unable to identify him.

Court, JPJ and Sergeant did not want to take action to against him for no car insurance and no road tax, what can I do?
*
wow! the authority like this really shouldn't be in their position.
i remember my case last time, police sergeant call up the person who bang my car after tracing his car no i reported , the culprit did turned up to see the sergeant , i claimed under his company car insurance . i wonder why your case is more special here. this smell fishy to me, is like they don't gain anything from those car without insurance. no money earned is it from the insurance workshop? cilaka .


TSTangkapPenipu
post Feb 11 2018, 10:19 AM

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QUOTE(missysleepy @ Feb 11 2018, 09:42 AM)
wow! the authority like this really shouldn't be in their position.
i remember my case last time, police sergeant call up the person who bang my car after tracing his car no i reported , the culprit did turned up to see the sergeant , i claimed under his company car insurance . i wonder why your case is more special  here. this smell fishy to me, is like they don't gain anything from those car without insurance. no money earned is it from the insurance workshop? cilaka .
*
How did your Sergeant got his phone number? Or You got that guy's phone number and you gave it to Sergeant?

My defendant did not make police report, and he did not come to police station even after Sergeant sent him at least 2 letters.
I found out he does not have car insurance and road tax, I cannot claim his car insurance, so I have to sue him in court to claim
my car repair fee.

For your case, you can claim his car insurance, so you do not need to sue him in court.
SUSbudakdegilz
post Feb 12 2018, 05:11 PM

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https://asklegal.my/p/how-do-you-know-if-yo...ved-in-Malaysia
QUOTE
The rules for service of court documents (known as originating processes and divided into writs or originating summons) can be found in the Rules of Court 2012. Under Order 10, Rule 1, the rules require service to be effected through two ways only:
1. Personal service – they have to hand it to you in person
2. Through prepaid AR registered post at the last known address – this stands for advice of receipt registered post and it’s basically where the post office will record down their attempts at delivery and who receives it

Aside from these two methods of serving, the service should be done within the first month of the issuance of the writ. The general rule to remember is that personal service is always the preferred method.


above articles is a good read for u ts..
btw since you sent it using AR registered post(pos daftar)
how can you know the person who u intended to sue will personally receive it or
inform by your intended to sue him ??
the letter might be receive by his family members or
anyone unrelated with him that live in the same house ??

QUOTE
If you are thinking that you can avoid getting served by refusing to accept the writ when the server tries to leave it with you, you might want to pause there. The 1832 English case of Thomson v Pheney tells us that a person who refuses to be served can still be served if the server informs him of the nature of the document and throws it down in his presence.


strongly suggested u do it personally
and with evidence (such as video) that you already inform him about the court date

thumbup.gif

btw.. try to stalk him
and get a video evidence that he still use/driving the car on the road
and send it to aduantrafik@jpj.gov.my
http://www.jpj.gov.my/hubungi-kami

and to get JPJ or PDRM attention...
you could also tagged them on media sosial
but i think driving a car on the road without a valid roadtax
more to JPJ jurisdiction not PDRM blush.gif

This post has been edited by budakdegilz: Feb 12 2018, 05:12 PM
zemega
post Feb 12 2018, 07:51 PM

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QUOTE(budakdegilz @ Feb 12 2018, 05:11 PM)
https://asklegal.my/p/how-do-you-know-if-yo...ved-in-Malaysia
above articles is a good read for u ts..
btw since you sent it using AR registered post(pos daftar)
how can you know the person who u intended to sue will personally receive it or
inform by your intended to sue him ??
the letter might be receive by his family members or
anyone unrelated with him that live in the same house ??
strongly suggested u do it personally
and with evidence (such as video) that you already inform him about the court date

thumbup.gif

btw.. try to stalk him
and get a video evidence that he still use/driving the car on the road
and send it to aduantrafik@jpj.gov.my
http://www.jpj.gov.my/hubungi-kami

and to get JPJ or PDRM attention...
you could also tagged them on media sosial
but i think driving a car on the road without a valid roadtax
more to JPJ jurisdiction not PDRM  blush.gif
*
Isn't that Pos Berdaftar? As I remember it, if its addressed to a person, the postman needed to see the IC and the person must sign it to recieve it. But did you really have the person name?
TSTangkapPenipu
post Feb 13 2018, 02:08 AM

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QUOTE(budakdegilz @ Feb 12 2018, 05:11 PM)
https://asklegal.my/p/how-do-you-know-if-yo...ved-in-Malaysia
above articles is a good read for u ts..
btw since you sent it using AR registered post(pos daftar)
how can you know the person who u intended to sue will personally receive it or
inform by your intended to sue him ??
the letter might be receive by his family members or
anyone unrelated with him that live in the same house ??
strongly suggested u do it personally
and with evidence (such as video) that you already inform him about the court date

thumbup.gif

btw.. try to stalk him
and get a video evidence that he still use/driving the car on the road
and send it to aduantrafik@jpj.gov.my
http://www.jpj.gov.my/hubungi-kami

and to get JPJ or PDRM attention...
you could also tagged them on media sosial
but i think driving a car on the road without a valid roadtax
more to JPJ jurisdiction not PDRM  blush.gif
*
Thank you so much for the article.. thumbsup.gif

Yes, I sent it by AR registered.
According to E-Filling staff, most people send it by AR registered rather than send it personally.

Postman will send me back the AR registered card to inform me once the letter is delivered and signed.
Yes, I cannot guarantee he will be the one who will sign the AR registered unless if he lives there by himself.
I expect postman will send back the AR registered card to me within this week.

I have a feeling he will avoid me if I go to his house to deliver him the letter.
But let's see if I can get back the AR registered card within this week or not, I will update here...

Yes, maybe I will stalk him, this is a good idea.. thumbsup.gif
Thanks for the JPJ email and web site.
ExCrIpT
post Feb 13 2018, 02:22 AM

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TSTangkapPenipu
post Feb 13 2018, 02:32 AM

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QUOTE(zemega @ Feb 12 2018, 07:51 PM)
Isn't that Pos Berdaftar? As I remember it, if its addressed to a person, the postman needed to see the IC and the person must sign it to recieve it. But did you really have the person name?
*
Yes, AR registered (Yellow card) is a pos daftar, but it will send back to me once the recipient receives it.
I am not sure if the postman will see his IC or not?
Usually when I receive items from online order, those delivery men will never request to see my IC, they just need me to write down my IC number only

I got his name and info from JPJ, that is how I know he does not have car insurance and road tax.

This guy does not care about laws...He thinks he is Rambo.. sweat.gif

This post has been edited by TangkapPenipu: Feb 13 2018, 03:14 AM
cempedaklife
post Feb 13 2018, 08:40 AM

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TS, i applaud you for all the effort to get this through legally. most people would have let it be, hence why people dont bother even when they did wrong.
goandloveyourself
post Feb 13 2018, 05:26 PM

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QUOTE(cempedaklife @ Feb 13 2018, 08:40 AM)
TS, i applaud you for all the effort to get this through legally. most people would have let it be, hence why people dont bother even when they did wrong.
*
the amount of patience is amazing. salute u bruh
TSTangkapPenipu
post Feb 13 2018, 11:49 PM

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QUOTE(cempedaklife @ Feb 13 2018, 08:40 AM)
TS, i applaud you for all the effort to get this through legally. most people would have let it be, hence why people dont bother even when they did wrong.
*
Thank you for your support.

If I do not take legal action to against Chen Yoon Kwee, Chen Yoon Kwee will talk his friends like this:" You see, I told you, even I hit the guy, the guy and
police also cannot do anything on me, next time if you hit people car, don't worry and no need to report to police because they cannot do anything."
Then more people will learn from Chen Yoon Kwee to hit people and no need to responsible, then what kind of society is this?

Once Chen Yoon Kwee is charged, then he and his friends will realize that they need to responsible for what they have done wrong to other innocent people.

If everybody can obey the law, our planet is a paradise.

I will not give-up until he is sued.

This post has been edited by TangkapPenipu: Feb 13 2018, 11:53 PM
missysleepy
post Feb 14 2018, 06:04 AM

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QUOTE(TangkapPenipu @ Feb 11 2018, 10:19 AM)
How did your Sergeant got his phone number? Or You got that guy's phone number and you gave it to Sergeant?

My defendant did not make police report, and he did not come to police station even after Sergeant sent him at least 2 letters.
I found out he does not have car insurance and road tax, I cannot claim his car insurance, so I have to sue him in court to claim
my car repair fee.

For your case, you can claim his car insurance, so you do not need to sue him in court.
*
I only let the sergeant knows where he is working and sergeant probably called his company. I knew where he working because he drove a Travel agency van that time. I was called in together with him for an interview with sergeant . Usually the sergeant will put both of us in an awkward situation sitting side by side.. cilaka one. then both will argue our rights.. by right, when they don't responded to the letter , i wonder if they sent by AR mail ? weird ..


missysleepy
post Feb 14 2018, 06:27 AM

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QUOTE(TangkapPenipu @ Feb 13 2018, 11:49 PM)
Thank you for your support.

If I do not take legal action to against Chen Yoon Kwee, Chen Yoon Kwee will talk his friends like this:" You see, I told you, even I hit the guy, the guy and
police also cannot do anything on me, next time if you hit people car, don't worry and no need to report to police because they cannot do anything."
Then more people will learn from Chen Yoon Kwee to hit people and no need to responsible, then what kind of society is this?

Once Chen Yoon Kwee is charged, then he and his friends will realize that they need to responsible for what they have done wrong to other innocent people.

If everybody can obey the law, our planet is a paradise.

I will not give-up until he is sued.
*
BRAVo!

u c the amount of good wishes when you do something like that? in fact this praised is not very common in oversea countries because the whites values the laws and righteousness, and it's so common that things just toe the line , like dominos, it fells so easily by itself in the end.

mean while in malaysia, there's a bit of cowardice here. u can see for yourself in your thread when some people will give you advise like .. small problem only, time to move on , learn your lesson well etc bla blah blah.. im glad u ignore this cowards . This cowards actually didn't realized that their habits actually processes in other things in their life and they will repeat it and also the people who don't respect the law like beating the traffic lights and queue too. u asked these people to visit the police station, they will treat police station as Prison 0r mafia , they painted very bad perceptions thus they came up with all the nonsense advise like asking u to give up your rights. I like police station and i cooperate with police and i like them.

The beauty of following up this journey is actually the knowledge in handling the matter from A-Z .

I can say im a bit familiarize of it that one day, a guy bang my car while crossing over to my lane and he still came in and scratch my car. i felt ok, if i go to the police , i knew very well this case is 50-50 i have no proof . While for him , he thinks he is in the right way and he kept asking me to stop , i won't stop for him as i informed him to move on and don't cause unnecessary traffic jam to others and we cannot simply stop at the place where traffic jam was . He angry and follows my back and just about the corner, police were manning the road block and he called them to stop me and reported to them that i ran away from him. Im not running but finding the right place to stop.

so we went to police station and he show the polis his dash cam camera i was wrong and guess what, police said he was the one cutting queue not me. in the end, he lost. i knew very well he was wrong but he just think that he got dashcam he knows something and he said i hit and run.. cilaka fella. sergent asked me if both wants to continue , i said no and we shook hand after that.. wasting time when u dealt with morons . our cars not even dented and hardly have any scratch so i don't intend to take further action.

that guy just want to use his dash cam to proof that i was wrong .

This post has been edited by missysleepy: Feb 14 2018, 06:35 AM
ZZR-Pilot
post Feb 14 2018, 06:48 AM

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QUOTE(TangkapPenipu @ Dec 22 2017, 09:43 PM)
I talked to JPJ in Bandar Sri Permaisuri, JPJ said this is not their job, JPJ asked me to talk to police.

Seargent said cannot give saman because Chen Yoon Kwee did not make a police report. Sergeant also said he alreday
sent few letters to Chen Yoon Kwee to ask him to make a police report but no reply from Chen Yoon Kwee

*
What lanjiao Malaysia law is this?

If like this, then we all should save money & forget about paying for insurance & roadtax lor. Not only that nothing will happen, summore you are even protected by police better than if you have insurance & roadtax.

TSTangkapPenipu
post Feb 16 2018, 06:41 PM

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QUOTE(missysleepy @ Feb 14 2018, 06:04 AM)
I only let the sergeant knows where he is working and sergeant probably called his company. I knew where he working because he drove a Travel agency van that time. I was called in together with him for an interview with sergeant . Usually the sergeant will put both of us in an awkward situation sitting side by side.. cilaka one. then both will argue our rights.. by right, when they don't responded to the letter , i wonder if they sent by AR mail ? weird ..
*
Your case is simple if both of you can go to police station.

My case is complicated because Chen Yoon Kwee did not make police report, and he did not come to police station even Sergeant sent him letters.
His car does not have insurance, so my only last option is to sue him.

» Click to show Spoiler - click again to hide... «
If everybody thinks this is wasting time to sue him, then Malaysia does not need law in this country.
In fact, almost no visitors in KL Magistrate civil court office and E-Filing office, perhaps more people think it is wasting time to file lawsuit in court.

Since no visitor, KL Magistrate civil court office close at 4.00pm everyday; E-Filing office close at 3.30pm.

This post has been edited by TangkapPenipu: Feb 17 2018, 02:25 AM
TSTangkapPenipu
post Feb 16 2018, 07:15 PM

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QUOTE(ZZR-Pilot @ Feb 14 2018, 06:48 AM)
What lanjiao Malaysia law is this?

If like this, then we all should save money & forget about paying for insurance & roadtax lor. Not only that nothing will happen, summore you are even protected by police better than if you have insurance & roadtax.
*
Sergeant did not want to give saman to Chen Yoon Kwee because last time one offender sued police because the offender said he was not the driver;
Sergeant wanted to protect his "rice bowl" from not being sued, so he did not want to issue saman, so Chen Yoon Kwee did not get saman.

10 out of 10 PIAM workshops will say I can only claim my own insurance. They surprised when I said I wanted to sue the offender...

Not to say lanjiao law lah, we can sue them in court, either civil case or criminal case..
But the lanjiao part is nobody can arrest him for no car insurance and no road tax.

We still need car insurance for: (1) If another party want to claim us (2) Road block (3) Road tax (4) Law suit issue (like me), if I do not have insurance, how do I sue him?

This post has been edited by TangkapPenipu: Feb 17 2018, 02:31 AM
TSTangkapPenipu
post Feb 16 2018, 07:26 PM

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» Click to show Spoiler - click again to hide... «


QUOTE(zemega @ Feb 12 2018, 07:51 PM)
Isn't that Pos Berdaftar? As I remember it, if its addressed to a person, the postman needed to see the IC and the person must sign it to recieve it. But did you really have the person name?
*
Good News... Chen Yoon Kwee signed and received my letter at 5min to 8.00pm last night, that was the middle time of Chinese New Year Eve dinner... thumbsup.gif
Obviously this is not a good Chinese New Year for him..

Attached Image

zemega
post Feb 16 2018, 07:43 PM

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QUOTE(TangkapPenipu @ Feb 16 2018, 07:15 PM)
10 out of 10 PIAM workshops will say I can only claim my own insurance. They will will surprised when I say I want to sue the offender...
*
Don't worry, if this goes well for you, share back to PIAM the procedures and work you have done to get your justice. I'm sure PIAM will adopt it and share it to others in the same case like yours.

QUOTE(TangkapPenipu @ Feb 16 2018, 07:26 PM)
» Click to show Spoiler - click again to hide... «

Good News... Chen Yoon Kwee signed and received my letter at 5min to 8.00pm last night, that was the middle time of Chinese New Year Eve dinner... thumbsup.gif
Obviously this is not a good Chinese New Year for him..

Attached Image
*
Good good. Keep us updated.
voncrane
post Feb 16 2018, 11:56 PM

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QUOTE(TangkapPenipu @ Feb 16 2018, 07:26 PM)
» Click to show Spoiler - click again to hide... «

Good News... Chen Yoon Kwee signed and received my letter at 5min to 8.00pm last night, that was the middle time of Chinese New Year Eve dinner... thumbsup.gif
Obviously this is not a good Chinese New Year for him..

Attached Image
*
Good.. Been following your thread since day one and hope it gets resolved soon. It's really insane the amount of work and hassles you've gone thru just to get some justice. I'm still amazed that the law here is this weak. Gotta be honest, if I were in your shoes and Malaysian, I'd definitely have given up before no. As a foreigner, I've seen enough lawlessness and the cops looking the other way, to not bother. Over the years, I've had bikes swipe my car and just drive off. Heard enough stories from pals and colleagues not to chase down. Cuz if one out of anger, knocks the biker down, other stupid bikers will come to his defense and I might get beaten up instead. It's no wonder gangsterism is on the rise. The victim doing all the legwork, while the other fella just chills at home. I hope not to encounter any bad drama in the future but you've given me resolve chase down the culprit and nail him down till some punishment is meted out.

Stay strong.. flex.gif

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