THE family of a man who was knocked down and killed by an uninsured driver who was not prosecuted have started a petition to change the law so others don't have to suffer the "devastation" they have.

Patrick Schaible died instantly when he was hit by a car driven by quarry worker Mateusz Boczek’s Renault Clio just before 7am on the morning of October 7, 2017, on the B6279 near Summerhouse, about eight miles east of Darlington.

The Northern Echo: Mateusz BoczekMateusz Boczek

The 21-year-old, who lived with his family in the village of Headlam, was walking home alone from a night out in Darlington when the accident happened.

Police put a case together for a charge of causing death while driving with no licence or insurance, but the Crown Prosecution Service did not take it to court as the evidence needs to show driver fault.

Dr Nicola Schaible, Patrick's mother, has now launched a petition to change the law, which she says currently prevents a driver in this situation being punished with anything more than six penalty points.

Mr Boczek was convicted in 2015 of driving without a valid licence and with no insurance, but that did not stop him driving again. He did take out a policy of insurance after the conviction, but answered questions untruthfully, which invalidated the policy.

He also only held a Ukrainian driving licence, which was not valid in the UK.

Dr Schaible said: "I never wanted to bring the court case into my grieving process, but that has become harder. I've always said this is not about a man hunt, I don't want him to go to prison, but Mr Boczek received no legal ramification at all for driving again and killing my son. If he had been following the laws of our country then he wouldn’t have been on the road.

"The legal system in this country doesn't support victims, in fact it makes it very difficult. They can't speak for themselves.

The Northern Echo: Patrick SchaiblePatrick Schaible

"I also know I've got responsibility for my other children who all desperately need me to be present and be the best mum I can be, but I also have a responsibility for Patrick and I don't want to give this up."

Tina Ogden, Patrick's step mother, added: "We thought in the inquest we would get an apology and that would bring us some form of closure, but we didn't get one, and now it has brought us all closer together and determined that this is the only we can now get justice.

"October will be the two year anniversary, and it would be great if, to tie in with that, we could get enough signatures to change this loophole that has caused so much destruction for us, and make sure it never happens to anyone else."

To sign the petition, visit petition.parliament.uk/petitions/273196.