It Sucks to be me!

[MrCLubby]

Just been in a huge accident near the corner of Elizabeth and Gratten (in Melbourne) where i had driven thru a round about but then abruptly stopped by 2 cars stopping in front on me. Unluckily for me a tram was approaching and didnt seem to make an effort to stop.
So the result...crash, bang and boom! the car was dragged 6 metres or so destroying the front and making the bonnet fly up in the sky. One of the wheels i think popped and the engine cover swung 10 metres away. I must credit the VT design as the car although shredded maintained in one piece as a structure and didnt fall apart all over the place. Lets put it this way, if im ever in a serious accident again id wanna be in a VT.
(I wasnt hurt at all btw)

The worst thing though is, the police arrived as i thought to help out. However all they were interested in was issuing me a ticket for failing to give way, even after i had gathered witnesses saying i had been in the roundabout for at least 20 seconds and was stationary.
Not only does that suck but i had lost all my demerit points and given the option of A) keeping my licence but being on a year without losing points scheme. The 20th of March was going to be the day i got all my points back so now im screwed :(

I guess 6 months isnt that bad without a licence. :confused:

What i want to find out is:

Firstly im with the RACV and just wondering will they try and repair it only because its value is over 20 grand?? or will they pay me outright....the panelbeater said to me that i should forget about that option becuase RACV are not a charity and they will do everything in their power to screw me over and fix a car, even it it means electrical faults once on the road.

Secondly i put Harrap 4 spot breaks but had taken off the original HSV brakes and sold them....I havnt told them about this. But does it really matter because R8's have the 4 spot breaks as a standard. So theoretically they should put the HSV 4 spotters instead.

Any suggestions or opinions will be appreciated.

[Coop]

ouch! sorry to hear :(


Firstly im with the RACV and just wondering will they try and repair it only because its value is over 20 grand?? or will they pay me outright....the panelbeater said to me that i should forget about that option becuase RACV are not a charity and they will do everything in their power to screw me over and fix a car, even it it means electrical faults once on the road.

In my own experience with insurance companies it has come down to what is actually damaged as opposed to the value of the vehicle. I had an accident in a VX SS a little over 18 months ago, and although the damage didn't actually look that bad the NRMA decided that it was more cost effective and safer to write the car off and pay out the full $45k policy I had. They do auction off the remains to recover costs also, so I guess it most likely comes down to how much it will cost to repair vs. how much it will cost to pay out and how much of that can be recovered at auction.

[VX11SS]

Sorry about the car MrClubby but thank your lucky stars you are in one piece,
anyway you can produce witnesses and fight the cops in Court?
Cheers Jay

[IIV8II]

Dunno how it worke down there with trams, but if you enter an intersection etc etc and find yourself 'stuck' behind traffic etc in NSW, it's your liability and you can get the ticket

Same deal if you didn't inform your insurance company of mods... but I hardly think they would refuse your claim in this instance as Harrops are ADR compliant and an OE fitment for HSVs, so are an owner-certifiable modification (ie no engineers certificate required) and didn't "contribute to thier loss" but they might refuse to cover teh extra cost associated with repair of the actual brake compomnets if they are damaged

As for fixing, if they can fix your car for less than what it will cost to pay you out and sell yur car, then that''s what they will do. Easy. They are a business

You must be shook up after that one. And bummer if you have to walk...

[STATIE]

Shit - I actually saw you this morning
(black Clubby with gold wheels,wedged under a tram and the bonnet on the ground next to it?)

Drove past in the ute with the coppers watching closely:1peek:

Looked like quite a mess

Gota hate that round about and trams and taxi's and courier drivers and........

[Merlin]

And that is why I hate driving in Mexico

[chops]

Glad to hear you are ok. (the main thing)

Sorry to hear about the car, here's hoping it's a total loss, I know I wouldn't want it back.

[MrCLubby]

Shit - I actually saw you this morning
(black Clubby with gold wheels,wedged under a tram and the bonnet on the ground next to it?)

Drove past in the ute with the coppers watching closely:1peek:

Looked like quite a mess

Gota hate that round about and trams and taxi's and courier drivers and........

Yep that was me :D ......you would have also noticed the guy next to the clubby in total shock...me :confused: :eek:

[MNR-0]

Wonder why the tram driver failed to stop? Betchya he thought - cool - a day off for the GP - I only gotta hit him and its all on!

Technically your fault, but there is also a responsibility for the tram driver to avoid an accident instead of make one. Good luck!

[MrCLubby]

Sorry about the car MrClubby but thank your lucky stars you are in one piece,
anyway you can produce witnesses and fight the cops in Court?
Cheers Jay


Ha yes i certainly can, but the problem is...they are the law. The Constable even said to me why would you even bother as he spoke to the passengers in the tram and im sure they weren't looking....yet still spurt out nonsence in favour of the police..
Im screwed either way, the police even said regardless of how many witnesses you have they will produce twice as much.

[Ghia351]

Make sure your witnesses can support your claim in writing as I'm certain that particular intersection states "Give Way to Trams" even though in your case you were not entering the intersection and failing to give way but rather were trapped in the trams path. Trams don't stop too well with steel wheels on steel tracks. Main thing is your OK although the headaches may start once you lodge your claim form. Good luck.

[MrCLubby]

Wonder why the tram driver failed to stop? Betchya he thought - cool - a day off for the GP - I only gotta hit him and its all on!

Technically your fault, but there is also a responsibility for the tram driver to avoid an accident instead of make one. Good luck!

Well yeah i knew i was at fault even as i was hit and dragged....worst thing is after a while of the tram driver panicing he said maybe you'll learn nextime not to be in the way of a tram coz if he had a choice he said he would go even faster the next time.

[Knight Phlier]

Dunno how it worke down there with trams, but if you enter an intersection etc etc and find yourself 'stuck' behind traffic etc in NSW, it's your liability and you can get the ticket



Mate - I am sorry to hear of the accident, but happy that you and everyone else is OK. I would personally fight that ticket in court if you have been hard done by and the tram driver is lying. It wouldn't be the first time the police have written a ticket without asking any questions (The same thing happened too me but not with a tram and I got off cause the other person was lying). It should not be hard to discredit him if you have witnesses, although it may not mean that if you win then they have to pay damages so I don't know if that is worthwhile.


IIV8II - I realise this accident was in Melbourne but with a roundabout in NSW aren't you supposed to give way to someone who is already in the roundabout? If that is the case then I think someone stuck in traffic would apply as it happens all the time - but I am not a copper or lawyer so I am not 100% sure.

[OscarTheGrouch]

worst thing is after a while of the tram driver panicing he said maybe you'll learn nextime not to be in the way of a tram coz if he had a choice he said he would go even faster the next time.

Geeze that's a bit rough... bloody hell.

No matter whether it's your fault or not (I know it sucks but queuing across intersections is a risky business) that's a shocking attitude, imagine how he'd feel if he'd deliberately sped up and you HAD been hurt.. not to mention a complete disregard for the safety of the passengers on his tram. Bloody moron.

[MrCLubby]

Make sure your witnesses can support your claim in writing as I'm certain that particular intersection states "Give Way to Trams" even though in your case you were not entering the intersection and failing to give way but rather were trapped in the trams path. Trams don't stop too well with steel wheels on steel tracks. Main thing is your OK although the headaches may start once you lodge your claim form. Good luck.

Thanks for the support, yea i guess im just hoping that i dont get the fine to break the camels back so to speak. Thats the only thing im concered about. i know im gonna get it though as the police cant just leave their revenue behind..

[MrCLubby]

Geeze that's a bit rough... bloody hell.

No matter whether it's your fault or not (I know it sucks but queuing across intersections is a risky business) that's a shocking attitude, imagine how he'd feel if he'd deliberately sped up and you HAD been hurt.. not to mention a complete disregard for the safety of the passengers on his tram. Bloody moron.


You know when you driving casually and all of the sudden traffic stops completely? Thats how it was, it wasnt busy or anything it was actually offpeak traffic. The car infront of me stopped i think because the car infront of him stopped. He/she stalled i think....in that situation what do you do? you cant reverse because someones up your arse and you only have maybe 10 seconds to decide whether just sit there and hope the tram doesnt hit you or reverse into the car behind me.....obviously if i had a choice i would have reversed...but shit happens

[OscarTheGrouch]

Yeah, I know what you mean. I wasn't having a go at all - I've been in that situation before, you cruise across thinking everything is moving normally and then all of a sudden you're stuck. It's just bloody bad luck that this time, there happened to be a tram coming through at that moment.

[exwrx]

I am familiar with that intersection and it is a shocker, but it does clearly say 'Give way to Trams'.

I would do two things:

1. contest the fine. At the very least it will buy you time and you can always plead guilty before it gets to court. If you decide to contest it, explain the circumstances to the magistrate and hope for the best. I dont think he/she will throw the book at you given the circumstances;

2. Lodge a written complaint with the company the tram driver is employed by, both in relation to the collision, and in relation to his comments to you afterwards. If your complaint is successful, you can use it as leverage in relation to 1 above, if not, at the very least you will make him think very hard next time he fails to take all reasonable steps to avoid a collision.

Re the brake issue, I wouldnt say anything - it was a factory option ;)

[seldo]

The buggas don't care. One of them deliberately scraped the side of my old mum's car some years ago. Leaned out of the cabin and watched as he dragged the running-board slowly down the side of her car and opened it up like can-opener. :vpo:

[ApeXi]

Sorry to hear the news, glad your ok

about the points, hold off on paying your fine, i dunno if it is the same down there but in nsw you have 28days to pay the fine, then you get another warning, and your point's aren't takin from you untill you have payed the fine, so atleast you won't have to drive around with 1 point for a year

Re: train driver, should have throw your bonnet at him after those comments

[djl]

Bad luck mate, sorry to hear it.

I have no idea about traffic laws relating to trams, but if you want to contest the matter, don't let your witnesses get away. Keep in contact with them. Get stat decs from them now, while it's fresh in their minds. Ask for access to any statements taken by the cops.

cheers
djl

[heavychevy]

I would be pursuing the ‘failure to give way’ offence. Failure to ‘give way’, ( without being pedantic ) suggests that the offender was in a position that ‘allowed the right of carriage to another vehicle’ as described by Vicroads rules or signs in a particular location, but failed to do so.
You encountered an unexpected situation that could not have been anticipated or was due to lack of attention on your behalf. You were stationary for a considerable period of time. A situation that could described as ‘ill-fated’ and beyond the ‘duty of care’ that is required by a licensed driver.
Sh!t happens mate and I’m glad your o.k. Unfortunate that the cop seemed to have a bit of an attitude, but IMHO there is no right or wrong person here.

[MrCLubby]

Thank you so much everybody for your positive and encouraging comments, ive definatly taken in all your suggestions on board.
I was also wondering by a long shot if their are any blokes here who work for the police. The reason being is becuase i wanted to ask someone who knew how the minds of policemen worked. I am considering going in to the station and saying "listen, i know your gonna probably send me a ticket because its in your best interest, however how about i was to pay the fine 3 times over as a donation to the police force" and just this once let the demerit point slip"......

I know its a long shot but do you think its worth a try?

i love my car but my licence comes first....it = income in the end

[RIDE:42]

last week i motioned for a tram to wait as i was turning and needed the room and the prick just shruged and moved foward ;)
wrong move i gave the brake a bit of a stab :D than turned and gave him a bit of a shake :lol:
but i was in the truck around 25 t

[mavss]

I am considering going in to the station and saying "listen, i know your gonna probably send me a ticket because its in your best interest, however how about i was to pay the fine 3 times over as a donation to the police force" and just this once let the demerit point slip"......

Please please don't do this unless you want to be charged for offering a bribe. :eek: :eek: :eek: :eek:

[MrCLubby]

Please please don't do this unless you want to be charged for offering a bribe. :eek: :eek: :eek: :eek:

Really? Do you think its classed as a bribe? I would have thought having a one on one with the police officer and saying heres $500 do what ever you can to let me off...would be a bribe?

[MrCLubby]

what if i wait till the last day of the fine to be payed when i get it.. By then id off probably recieved a statement from Vicroads saying i have my points back...Do i have some chance with that?

[Thunder]

Don't pay the fine until you get your points back. You have 21 or 28 days to pay, then they send you a reminder letter. You should have your points back before you have to pay anyway.

You were in the wrong being stopped in a roundabout, but he was in the wrong to hit you as you were already there and stationary.

In the real world if you don't queue in the roundabout during peak hours, you won't get through as someone from the other direction will.

As someone else said, complain about the driver to his employer. :mad:

[VooDoo]

Dont forget that the police are NOT the law. They are the enforcers and are trained to interperate it. THey are often wrong and that is where the courts come into it. They help Mr Joe public to ensure the laws are being upheld correctly. I'd definately fight it. Go take photo's of the site, any skid marks, angles of the roads etc. The more the better. Then get some legal advice and a solicitor.

[MrCLubby]

Don't pay the fine until you get your points back. You have 21 or 28 days to pay, then they send you a reminder letter. You should have your points back before you have to pay anyway.




But do you think after having done this, another letter will be send stating that the accident was before the no demerit point period and ill loose it regardless. Couldnt they crossreference the dates or does the system have a loophole and im saved....if thats the case ill be celebreating....Anyone here had this happen?

[andrew77]

dunno what the rule is down there mate, but i held out paying a fine for over 6 months till i got my opens back! renewed it 2 weeks ago and yeehaa 12 points!! now gotta pay that fine sometime :lol: !! good luck mate ;)

[Tron2004]

Well yeah i knew i was at fault even as i was hit and dragged....worst thing is after a while of the tram driver panicing he said maybe you'll learn nextime not to be in the way of a tram coz if he had a choice he said he would go even faster the next time.
Sounds like this guy needs to be reviewed psychometrically. Doesn't sound like the sorta person who should be in charge of a tram.

I remember an incident that happened to me a few years back...
Heading towards Fairfield (Sydney) from Yennora. Slight downhill grade with a level crossing prior to arriving at Fairfield. Was about 5 in the arfternoon and I noticed a car (wagon) straddled across the tracks in front of me. Woman driving the car got caught behind traffic in front of her that was stopped at traffic lights. I sounded the whistle, but NO movement from the car. Started applying brakes and stopped the train about 30 metres from her. She was in a state of panic and had a child in the rear seat. A few seconds later the lights change and she quickly moves away. I then continue my trip.

Makes me wonder if your tram driver thought about if you might have had kids in the backseat.

[frankdenial]

Thank you so much everybody for your positive and encouraging comments, ive definatly taken in all your suggestions on board.
I was also wondering by a long shot if their are any blokes here who work for the police. The reason being is becuase i wanted to ask someone who knew how the minds of policemen worked. I am considering going in to the station and saying "listen, i know your gonna probably send me a ticket because its in your best interest, however how about i was to pay the fine 3 times over as a donation to the police force" and just this once let the demerit point slip"......

I know its a long shot but do you think its worth a try?

i love my car but my licence comes first....it = income in the end
MrCLUBBY, without having all the details and full knowledge of the intersection and facts my opinion as a MOPF would be.

1. The offence of failing to give way is incorrect. If there is a sign saying that you have to give way to trams you have committed the offence of disobey sign NOT fail to give way. ie you did not obey the sign. It's same if you go past a Give Way sign and have a prang, You failed to obey the Give Way sign as oppossed to failing to give way.

2. However as it has been stated the tram took 20 seconds to arrive I would argue that you did not disobey the 'Give way to trams' sign as there was no tram to give way to at the time and that you did not fail to comply with Road Rule 114. Giving way when entering or driving in a roundabout
(1) A driver entering a roundabout must give way to—
(a) any vehicle in the roundabout; and
(b) a tram that is entering or approaching the roundabout.

3. I would then look at offence of 'enter blocked intersection.. Road Rules Victoria 128
Entering blocked intersections
A driver must not enter an intersection if the driver cannot drive through the
intersection because the intersection, or a road beyond the intersection, is
blocked.
Penalty: 2 penalty units.
Examples
The intersection, or a road beyond the intersection, may be blocked by congested
traffic, a disabled vehicle, a collision between vehicles or between a vehicle and a
pedestrian, or by a fallen load on the road.
Note Enter and intersection are defined in the dictionary

This offence currently incurrs a $77 fine and you will be happy to know NO DEMERIT POINTS.

Hope that helps. Make sure you hold onto those witness details. Make notes of any conversation you had with witnesses as to what they stated they saw, converstation with Tram driver, and make notes of what you say what occurred leading up to and during the collision.

[heavychevy]

1. The offence of failing to give way is incorrect. If there is a sign saying that you have to give way to trams you have committed the offence of disobey sign NOT fail to give way. ie you did not obey the sign. It's same if you go past a Give Way sign and have a prang, You failed to obey the Give Way sign as oppossed to failing to give way.
.

I'll leave it to the experts ... wish i could turn a phrase like that :)

[IIV8II]

Mate - I am sorry to hear of the accident, but happy that you and everyone else is OK. I would personally fight that ticket in court if you have been hard done by and the tram driver is lying. It wouldn't be the first time the police have written a ticket without asking any questions (The same thing happened too me but not with a tram and I got off cause the other person was lying). It should not be hard to discredit him if you have witnesses, although it may not mean that if you win then they have to pay damages so I don't know if that is worthwhile.


IIV8II - I realise this accident was in Melbourne but with a roundabout in NSW aren't you supposed to give way to someone who is already in the roundabout? If that is the case then I think someone stuck in traffic would apply as it happens all the time - but I am not a copper or lawyer so I am not 100% sure.

yeah , good point - not sure if that can be 'extrapolated' to a tram

Although MrClubby made an error and may be 'legally' in the wrong, I'd be pushing contributory negligence to the tram driver. It appears he was in a position to take steps that would have averted the collision. What a c*nt that he didn't...

I reckon - reckon - if it goes to court, and the Tram dude says he saw you, and you couldn't get put of his way, and he made no effort to stop he's basically admitting negligence...?

edit: Frankdenial's response sounds like a fair summation...
edit again: Mt CLubby, you might have been 'at fault' for nosing into an intersection when you shouldnlt have but jeez, you didn't deserve to have you life endangered and your car totalled by a third person who could have avoided it!!

[vh-holden]

the thing that is confusing me is the whole entering a an intersetion that is blocked thing.

it wasn't blocked when you entered but became blocked after you got there.

how does that work?

[mavss]

You're also not supposed to enter an intersection or roundabout if there is a chance that it could get blocked.

MrClubbie got caught out and ended up unable to get out of the tram's path.

These days, you need to be anticipating a few places ahead to avoid these sort of things.

[STATIE]

You have to see this round about to understand.
It is 3 or 4 lanes wide - 7 possible entry points and 8 possible exit points for cars as well as tram lines entering and exiting in both directions at 3 different points going straight through the guts of it.
It also has pedestrian crossings across several of the exit point just to make things more interesting.

It is a f@#ken nightmare af an intersection.

[MrCLubby]

It is a nightmare indeed, i will be taking any other possible routes rather then being 50 feet from that intersection from now on. The trauma of the accident will definatly stop me from visiting that section again thats for sure.

Thank you frankdenial for your legal/educational view, it has definatly given me confidence to look into it further. However the tram driver was claiming to the police that i just flew into his path, and the lady behind me at the time who probably witnessed myself being caught like tuna in a can fled as soon as the tram dragged me across. And the witnesses i called told me today they only saw me for a split second and the others admitted they only saw it once i got hit and dragged. The police also have their statements so it looks like the booking may go ahead.

My only hope is they send the ticket and i pay after the 20th of March where my no demerit point probation period expires...fat chance i think though. From what i hear its more likely to get away with it in NSW rather than VIC.

[BlueVZSS]

I don't know how it works in Vic but I would have thought that you would be more likely to receive a Summons (to appear in Court) than a ticket in the mail. With a Summons you can probably appear and seek an adjournment of the hearing (for a variety of reasons eg need to obtain legal advice). The loss of points would apply from the date of conviction of the offence not the date of the offence so with a little manouvering I think your licence should be safe.

Leave it to your insurance company to fight the battle in relation to who is to blame for the accident. In the circumstances described by you, I think that the police would have a hard time convicting you of any offence. Remember the onus is on the Crown to prove their case so as long as you don't admit anything or plead guilty it will be up to them to gather the evidence and summon the witnesses. It might cost you a bit to defend if you get legal representation (something I would strongly advise you to do if you are going to defend it) but you have a better than average chance of a good result.

Good luck and glad you're ok.

[Devil CV8]

As your license is so valuable to you (willing to pay a $500 bribe) use that money and get legal advice when you receive a ticket. There has been some good advice and a solicitor will more than likely be better able to articulate that in court, or even have the prosecutor change the offence..ie plead guilty to the offence with no demerit points, rather than the one that has points.

[mavss]

Is the roundabout in question painted with yellow cross hatch lines?

i.e. the ones that indicate to keep the section of road clear.

[MrCLubby]

No im quite sure its not...just has a 'give way to trams' sign and a electronic sign that comes on when a tram is 5 metres or so away. However the tram was much further before i crossed so therefore i wouldnt of seen the sign light up and that was acknowledged by the officer.

[Nawdy]

Well yeah i knew i was at fault even as i was hit and dragged....worst thing is after a while of the tram driver panicing he said maybe you'll learn nextime not to be in the way of a tram coz if he had a choice he said he would go even faster the next time.

Glad to hear you are ok - cars can always be replaced.

As others have said, contact the tram company regarding the comments made by this tram driver. With an attitude like that, he is a real danger to other road users. If you do complain, try to in person - you won't be as easy to dismiss. Sometime just making a complaint can make a big impact.

Mate, he had of said that to me... :mad:

[MrCLubby]

MrCLUBBY, without having all the details and full knowledge of the intersection and facts my opinion as a MOPF would be.

1. The offence of failing to give way is incorrect. If there is a sign saying that you have to give way to trams you have committed the offence of disobey sign NOT fail to give way. ie you did not obey the sign. It's same if you go past a Give Way sign and have a prang, You failed to obey the Give Way sign as oppossed to failing to give way.

2. However as it has been stated the tram took 20 seconds to arrive I would argue that you did not disobey the 'Give way to trams' sign as there was no tram to give way to at the time and that you did not fail to comply with Road Rule 114. Giving way when entering or driving in a roundabout
(1) A driver entering a roundabout must give way to—
(a) any vehicle in the roundabout; and
(b) a tram that is entering or approaching the roundabout.

3. I would then look at offence of 'enter blocked intersection.. Road Rules Victoria 128
Entering blocked intersections
A driver must not enter an intersection if the driver cannot drive through the
intersection because the intersection, or a road beyond the intersection, is
blocked.
Penalty: 2 penalty units.
Examples
The intersection, or a road beyond the intersection, may be blocked by congested
traffic, a disabled vehicle, a collision between vehicles or between a vehicle and a
pedestrian, or by a fallen load on the road.
Note Enter and intersection are defined in the dictionary

This offence currently incurrs a $77 fine and you will be happy to know NO DEMERIT POINTS.

Hope that helps. Make sure you hold onto those witness details. Make notes of any conversation you had with witnesses as to what they stated they saw, converstation with Tram driver, and make notes of what you say what occurred leading up to and during the collision.


WOW your advise saved me from losing my licence, i followed up on this information...and it turns out the police officer unofficially agreed with me. Therefore he cancelled the ticket and re-sent the one you mentioned, now in a few days ill get my points back and my life will be back to normal :)
Thank you once again!!!

[IIV8II]

well, make that Crownies all round then! :D

[frankdenial]

WOW your advise saved me from losing my licence, i followed up on this information...and it turns out the police officer unofficially agreed with me. Therefore he cancelled the ticket and re-sent the one you mentioned, now in a few days ill get my points back and my life will be back to normal :)
Thank you once again!!!
Glad I could help. How's the Civil Law side of matters going, ie repairs, insurance company opinion etc.

[vuster]

That's really good news MRClubby. The officer must of been in a good mood today for some reason.
Congrats.

[Bully]

WOW your advise saved me from losing my licence, i followed up on this information...and it turns out the police officer unofficially agreed with me. Therefore he cancelled the ticket and re-sent the one you mentioned, now in a few days ill get my points back and my life will be back to normal :)
Thank you once again!!!

I know the matter has been resolved know (well sort of anyway), but in one of your earlier posts you mentioned RACV. Just as a point for future reference, if you are a member or an auto body group (NRMA, RAA, RAA etc), you are entitled to free legal advice regarding these sorts of matters. Just something to keep in mind should this turn pearshaped, hopefully wont have to use it now or in the future but worth keeping in mind anyway.
Greg

[bassplayer]

Ha yes i certainly can, but the problem is...they are the law. The Constable even said to me why would you even bother as he spoke to the passengers in the tram and im sure they weren't looking....yet still spurt out nonsence in favour of the police..
Im screwed either way, the police even said regardless of how many witnesses you have they will produce twice as much.

sorry to hear your story man.
dont let em scare u with that tuff cop talk, they're only trying to intimidate you. i dont know the exact road laws of the particular intersection but if you believe you are in the right & can provide witnesses & also in writing, then you have yourself a case worth fighting.
sam