Back in October it was claimed that the back of my lorry hit a parked car causing damage. As far as I am aware,the damage was already done & my wheel just went over the debris in the road…
Anyway I have just received a court summons with three charges on it.-
Driving without due care & attention
Failing to stop & give name & address
Failing to report an accident
I have the option of pleading guilty by post which I understand usually gets a lesser sentence, however I’m concerned that if I do they will automatically give me 3 points for each offence so I’d end up with 9 points. I’m not too concerned with the fine, its just that with 9 points I’d be terrified of getting another 3 & losing my job etc.
Can anyone give advice on the best course of action or likely outcome?
Many thanks in advance…
If you’re sure that you didn’t cause the damage, why would you plead guilty?
If there were witnesses that saw you hit the car, that’s a different matter.
I do not wish to be the bearer of bad news but these offences carry 5-10 points.
direct.gov.uk/en/motoring/dr … g_10022425
g1bbuk:
Back in October it was claimed that the back of my lorry hit a parked car causing damage. As far as I am aware,the damage was already done & my wheel just went over the debris in the road…
Was your company informed of this “Back in October”? Were you or they, notified of any witnesses to this claimed occurence?
If so, what action was taken at the time.? Did your company examine your vehicle for damage etc? Did they take a statement from you at the time, when you memory of what did, or did not take place, would have been much clearer than it is now 6 months on? What, if any, advice did you recieve at the time?
In the light of the information posted by Harry Monk, if I was in your position, and facing what looks like a minimum of 13 points for the alleged offences, if found Guilty,I would be getting some Trade Union, or Legal advice ASAP. Google “Mr.Loophole”, aka Nick Freeman, for contact details, and see what they can offer.
Good Luck.
If all the charges are heard in the same hearing, and your found guilty on all of them, you can only get the the points for the one charge that carries the highest number, e.g.
Charge one:possible 3 points
Charge two:possible 2 points
Charge three:possible 4 points
In this case if you were found guilty on all three, only the points for charge three (4 points) could be put on your license.
I think I would be seeking some legal help first, many Solicitors will offer an hours free advice, and he/she wi’ll advise you on whether to fight or roll over. If you plead not guilty and it gets dropped or it goes to court and you win his costs will have to be paid by the procecution.
g1bbuk:
Back in October it was claimed that the back of my lorry hit a parked car causing damage. As far as I am aware,the damage was already done & my wheel just went over the debris in the road…
Anyway I have just received a court summons with three charges on it.-
Driving without due care & attention
Failing to stop & give name & address
Failing to report an accident
I have the option of pleading guilty by post which I understand usually gets a lesser sentence, however I’m concerned that if I do they will automatically give me 3 points for each offence so I’d end up with 9 points. I’m not too concerned with the fine, its just that with 9 points I’d be terrified of getting another 3 & losing my job etc.
Can anyone give advice on the best course of action or likely outcome?
Many thanks in advance…
Firstly, deny every thing, don’t even give them the ‘as far as I’m aware bit’, cos they’ll be in there like a flash. You know your vehicle wasn’t involved in the incident, so the onus is on the other party to prove it beyond all doubt. For that they’ll require proof, photographs, witness statements and the like. It could be very much worth your while to have a chat with a solicitor (there are a good number of them who give you a half hour free consultation). As to likely out comes, I can’t really speculate, but it’s quite a list of charges to plead guilty to by post and as you say there could be implications job-wise, bearing in mind that if you plead, or are found guilty then that will open your firm up for what can sometimes become a fairly hefty damages claim against them, so its definately worth making sure your firm knows whats in the offing, and maybe they can help or advise you, especially if they are convinced of your innocence. If you’re in a trade union, they will have solicitors to fight you’re corner for you.
It also seems to me that offering you the ‘plead guilty by post’ option, means that the prosecution isn’t entirely convinced by any means of your guilt, and so, can also be treated as a come-on?
Anyway, thats all the advice I can offer you. I hope you come through it ok. I know it seems a bit trite, but try not to worry too much. If you are’nt guilty and you know it, conduct yourself in the manner of one who isn’t guilty and knows it.
All the best, keep us posted.
g1bbuk:
the back of my lorry hit a parked car
g1bbuk:
my wheel just went over the debris in the road
If the back of a truck hit a parked car then how the [ZB] could the wheels go over the debris !!!
I hope there IS evidence of the truck wheels on the debris
Me thinks a good solicitor will ask the CPS the same question
Get yourself a good solicitor and explain everything to him then act on his advise. Try and get one that specialising in in traffic offences thats my advice because I dont have a degree in law
If you are in a Union such as URTU then you may be able to get help on this from them 
Hi have a look here, PEPIPOO.COM or .co.uk not sure. was the summons issued in time? etc etc. were you interviewed at the time. I do know a little about how summons should be issued etc etc. You can pm me if you like and we can go from there.
regards pete
Hi, thanks for all the replies. Apparently there was one witness that said I did hit it but thats all. If what Big Joe says is correct then I’d be willing to roll over on this for 4 points as every time I fight the law, the law wins! I’ll just double check with a solicitor then before I proceed.
Thanks everyone.
if the back of your trailer hit the said car, then you was either turning left, turning right, or reversing, none of which would you of ran over the debris, get a solicitor asap
you know you didn’t hit the car. that’s all you need to say. don’t answer any questions with things like.
if you say so.
well, maybe.
it could have.
i’m not sure.
and then counterclaim with stress. 
why would you plead guilty if you are sure you did’nt hit the car you can only be done for leaving a scene of an accident if they can prove you new you hit said car i:e got out and looked and then drove off.About 5-6 years ago I got acused of hitting a car i new i hadn’t done it lucky for me i was double maned at the time and the owner of the car didn’t know this but because the name of the company was down the side of the lorry he thought they would just pay up. I refused to sign the accident form at work so they could of paid up but that would of gone on my file i opted to go to court and that is when the truth came out and they had done the damage themselves and where just after a way of putting the damage right .
good luck hope things go well
I had a similar thing few years . You need a solicitor or you could rely on the clerk in magistrate court (my clerk was very good after ripping there case apart then pointed a load of technical issues).
They have to get every thing right.
Did they prove you where the driver at the time of the accident?
Did you have produce documents?
Did the police take a statement?
Don’t rely on the magistrate they no nothing.
Good Luck i know how stressful it can be.
Rolling over and pleading guilty to something that you didn’t do, you are either a fool or a fibber.
plead not guilty and let the court decide which it is 
So you have been issued a summons for 3 offences ?
Ok so when did the police interview you about this accident?
What did you tell them in the statement you made?
The reason I ask is simply that my son was charged with the same offences after an incident on the M25 about 2 1\2 years ago ,I got slated off a few others on this site at the time (Do a search on this site) because I got in touch with Essex Police and asked for a copy of the evidence they were using against him, which basically turned out to be the other drivers statement.
I sat and went through it picking up on all the discrepencies in the statement and emailed Essex Police back with the case number and the list of discrepencies.
The CPS is legally obliged to only take cases to court that they can win, not maybe’s or possibly’s, after about 3 emails between myself and Essex Police it was dropped and he never heard another thing about it as they wrote to him to formally drop the charges.
Is the summons for Magistrates Court or County Court? Have you ever been interviewed by the Police regarding these supposed offences? They must issue an NIP (notice of intended prosecution) within fourteen days of the offence if they wish to take action.
there have been numerous problems in the North West with staged accidents caused by vehicles stopping suddenly in front of you. You may be the victim of one of these accidents.
As others have said you must get legal advice via a solicitor or through your union.
as shaggy said in his top ten debut single “wasent me”
g1bbuk:
Hi, thanks for all the replies. Apparently there was one witness that said I did hit it but thats all.
Go to Court. The witness will have to attend Court for his (or her) evidence to be given any weight, as you have the right to cross-examine him about his statement. It’s doubtful that he will do this as there is no incentive for him to do so.