Big Joe:
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.
You obviously didn’t read Harrys’ link these offences carry a MINIMUM of 5 points and could go up to 10!
How has it taken so long for a summons to get to you? Sounds well fishy to me
to be honest it sounds like they are trying to scare you or they have some pretty damning evidence against you. i was blamed a couple of years back for striking a parked car with a coach, my boss called me in and said they had complaints from the owner of the car i hit. I replied with i have no recollection of hitting a parked car and asked my boss to check any defect reports and bodywork checks which were made around that time. (to which there were no mention of any damage, bodywork or otherwise). a solicitor from the insurance company came to see me and said they had many reports of drivers striking vehicles and that most of them are just chancers looking for a payout. he looked at the motor and couldn’t even see a scratch where i supposedly removed this cars bumper and he said there needed to be independent witnesses to testify seeing my actually hit this vehicle for it to realistically end up in court. just knocking another vehicle isn’t dangerous driving, it has to be proved you had undue care and attention and these matters should rest with the insurance companies to battle out and unless i said earlier they already have proof and evidence to show otherwise.
Hell, even if you just think it is even remotely possible that you didn’t hit the car you must fight it. As has been said, the onus is on the prosecution to prove you did, and if you only ran over the debris and were seen doing so, that would soon come out if it ever got to court. If you were not stopped by the police, questioned and cautioned then they have no case against you and you have no case to answer. If you were stopped, questioned and cautioned then it might be different, but they are relying on hearsay and potential malice.
6 months to get issued a ticket on charges as serious as these? They have got to be joking, surely? I would go to court on principle, should it get that far, but in the meantime, I would draft a letter stating that I was not involved in any accident, that I am appalled that this has arrived, that I intend to go to court and that the responsibility for my costs would be raised after the case is dismissed and that I would be asking how it had taken 6 months to hear anything at all about the incident and would make as much trouble about it as I can. I would then call the issuing officer, ask to speak to him and also his direct supervisor then read said letter to them, explaining that I was sending it out that day.
If the police are even remotely unsure, and you make your intention to fight the nonsense, they will drop it like a hot brick. But you do need to be forceful and make your anger plain in the letter. They push those easy targets they can, and you have to show them you are not that.
YOUR INNOCENT TILL PROVEN GUILTY.
dont do the police’s job or the cps’s,by admiting your guilt or answering any questions, thats what they get paid for,to prove you are guilty.
deny deny deny by saying no comment to all questions.
let them prove the offence and dont help them.
the police and cps and the courts cannot convict you of failing to stop or failing to report if you were unaware an accident had taken place,as long as you say you would have stopped if you had been aware.
what is your company doing about it? if there was damage would,nt insurance be informed and then accident forms ect? how did you get the summons? ok you were a driver but no details were left by you so your company must have passed this on? i think most places would have had you in for a chat at least on recieving any insurance claim or a claim of their driver having a bump… i would speak to your employer…
44 Tonne Ton:
Big Joe:
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.
You obviously didn’t read Harrys’ link these offences carry a MINIMUM of 5 points and could go up to 10!
Your right I didn’t read Harry’s link as I was just illustrating an example, even so if all three charges are proven with a potential 10 points for each charge, then the max no of points that can be awarded will be 10, more of a reason to plead not guilty and take it to court.
On another note, if the Police did not speak to g1bbuk at the scene then the NIP should have been sent out within 14 working days, and charge papers sent within 6 months, outside these timescales the case is invalid.
Do not plead guilty by post, go see a solicitor, never ever say as far as I am aware,say I didnt hit it`, ask to see the evidence, ask your boss for the maintence records of your truck any damage should show up on them as it should on your daily check sheet. Is it really worth getting 5-10 points on your licence for the sake of a day in court and a solicitors bill.
Plus if the magistrate is anti-truck they might decide to try and make an example of you and give you a bloody big fine and the maximum points, imagine what 10 points will do to the cost of your car insurance, your chance of getting another job, take a days holiday and go see a solicitor immedietly.
Big Joe:
On another note, if the Police did not speak to g1bbuk at the scene then the NIP should have been sent out within 14 working days,
I absolutely love this quote which is regularly made on these forums, it’s a load of tosh !!!
An “NIP” must be issued to the REGISTERED KEEPER not the driver within 14 days, the REGISTERED KEEPER must respond with the name and address of the Driver if the vehicle was being driven by ANYONE other than the registered keeper of the vehicle, all of which exceeds 28 days.
it’s interesting that g1bbuk has not replied stating whether he was formally interviewed under caution by the police with regards to this incident, if he was then he has had 6 months to seek legal advice, if he has’nt been interviewed then how have the police come to the decision he was indeed the culprit?
As I’ve said previously, the CPS can only commence court proceedings on “Winnable” cases based on what the police investigation states, the police dont decide on which cases go to court they only investigate and pass on their opinions to the CPS who make the final decision.
Davey Driver:
Big Joe:
On another note, if the Police did not speak to g1bbuk at the scene then the NIP should have been sent out within 14 working days,
I absolutely love this quote which is regularly made on these forums, it’s a load of tosh !!!
An “NIP” must be issued to the REGISTERED KEEPER not the driver within 14 days, ho make the final decision.
Of course that was what I meant 
Davey Driver:
As I’ve said previously, the CPS can only commence court proceedings on “Winnable” cases
Don’t tell me you believe that one,
viewtopic.php?f=2&t=50814
the CPS will give anything a punt if they think it will bring some £’s into the coffers, hence why within a set of charge papers is several pages devoted to the process of explaining many times over how to plead guilty by post and how easy it is, the CPS know that the people who want an easy life with no hassle will jump at it.
The below is taken from http://www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html
The Code for Crown Prosecutors
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
Is there enough evidence against the defendant?
When deciding whether there is enough evidence to charge, Crown Prosecutors must consider whether evidence can be used in court and is reliable. Crown Prosecutors must be satisfied there is enough evidence to provide a “realistic prospect of conviction” against each defendant.
Is it in the public interest for the CPS to bring the case to court?
A prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour.