They have to issue you with a summons within 6 months of when the prosecutor certifies there is enough evidence to charge you.
I am no expert but I personally think you should treat this whole thing with contempt (if what you say is true), even though it is official, as dangerous driving seems ridiculous, but that’s just my opinion.
The NIP was dated within 14 days of the offence wasn’t it? Otherwise I believe there is no case to answer anyway:-
S.1 RTOA requires that the notice be served within the 14 days (where applicable), not posted within the 14 days.
S.7 IA 1978 provides that (unless the contrary is expressly stated), service is deemed to have been effected at when the notice would have been delivered in the normal course of the post - unless the contrary is proven.
I would post on there to get real expert advice if this is preying on your mind as it all seems a bit OTT.
Thing is if you haven’t done anything wrong they haven’t got evidence against you. Surely it is some frustrated prick trying to play the authority game for insurance purposes as it was said earlier or just out of frustration and anger. Because they hate lorries. Because you lead a better life and was able to pass three or more driving tests and now earn better money than him…etc. Reasons, ridiculous reasons.
I had hit a car with my lorry from behind once. She slammed the brakes right at the green lights and came to a full stop. The crossing was clear. When I hit her car it sprung forward about 80 yards which means she was expecting me clutched in neutral. I stated that I was innocent as I was way under the speed limit and kept proper distance in front. She did it purposely. End of story. They were trying to use cctv footages to prove my guilt which eventually proved my innocence. She had to pay the legal fees too. If there is nothing they can prove they will never prove it.
pt6615:
Thing is if you haven’t done anything wrong they haven’t got evidence against you. Surely it is some frustrated prick trying to play the authority game for insurance purposes as it was said earlier or just out of frustration and anger. Because they hate lorries. Because you lead a better life and was able to pass three or more driving tests and now earn better money than him…etc. Reasons, ridiculous reasons.
I had hit a car with my lorry from behind once. She slammed the brakes right at the green lights and came to a full stop. The crossing was clear. When I hit her car it sprung forward about 80 yards which means she was expecting me clutched in neutral. I stated that I was innocent as I was way under the speed limit and kept proper distance in front. She did it purposely. End of story. They were trying to use cctv footages to prove my guilt which eventually proved my innocence. She had to pay the legal fees too. If there is nothing they can prove they will never prove it.
I know I AM innocent. I just have to sit on the edge of my seat for 6 months or so I guess and hope they don’t ‘find’ anything to stitch me up with.
I suppose it was highly unlikely you were able to take comprehensive photos of your vehicle at the time to prove lack of damage? As to anything else you can do to repel any possible moves from the opposition, (apart from not helping them convict an innocent man, i.e. keep schtum wherever possible), I dunno. Maybe ensuring all evidence on your behalf (tacho of course + witnesses and anything else you can think of) is kept securely by yourself alone until the time it might be needed. Certainly consider a “motoring brief” if this goes any further. There is not the slightest need to say anything but the truth by the sound of it - sounds like the other side is trying it on and it would be up to your side to prove they are untruthful. Otherwise it’s your choice to let this fester as it is just a waiting game. I think you should be prepared for the worst but you just have to wait I’m afraid.
Snudger:
I suppose it was highly unlikely you were able to take comprehensive photos of your vehicle at the time to prove lack of damage?
Why would I do that? As I said it was an average week. So I did not feel the need to take any pictures that week.
And yes if anything comes of this I will be going to seek out a decent traffic lawyer.
Not having been in this predicament before, I don’t know what they may or may not try to pin on me, whether I will have a vocational licence this time next year, or indeed whether I will be at her majesty’s pleasure… for something that, as far as I know, I am innocent of.
I did not start this thread to bring out the violins, or to appear like I am constantly moaning. Just was looking for advice from persons who may have been in a similar predicament, or maybe a member who may have been legally qualified to tell me where I stand.
I have done things in the wrong way by sending in a copy of my analogue tacho with my returned NIP statement (it appears). But I cannot wind the clock back. All I can do now is sit on it.
No more shall I comment on this thread unless anything major changes, as it appears that I am in the wrong by worrying. C’est la vie.
can you not demand to see this evidence and put a stop to it once an for all , surely you should have a right to see it as they have to prove you are guilty in this country not u your innocence , if they cant provide this said evidence then case dropped have a word with a local policeman and see what he says , nothing official when you speak to him just ask his advice ?
Jennie:
can you not demand to see this evidence and put a stop to it once an for all , surely you should have a right to see it as they have to prove you are guilty in this country not u your innocence , if they cant provide this said evidence then case dropped have a word with a local policeman and see what he says , nothing official when you speak to him just ask his advice ?
jen x
Don’t be so naive Jennie! Unfortunately it is true that the best thing you can do is say nothing and let them do their worst then take it from there.
Jennie:
can you not demand to see this evidence and put a stop to it once an for all , surely you should have a right to see it as they have to prove you are guilty in this country not u your innocence , if they cant provide this said evidence then case dropped have a word with a local policeman and see what he says , nothing official when you speak to him just ask his advice ?
jen x
Don’t be so naive Jennie! Unfortunately it is true that the best thing you can do is say nothing and let them do their worst then take it from there.
sorry was thinking along lines of freedom of imformation act if no evidence then no case , i just meant if he had a pal who was a policeman could ask his advice off the record as they would have an idea how all this works , but I do see what you are saying
dar, I was just clutching at straws with the potential photo evidence as of course you would have no reason to take such steps. However, some people on here do just such a thing (quick all-round snaps) to cover their backs. Similarly dashcams are only interesting/useful when something interesting/unpleasant happens. I didn’t mean to be critical, sorry if it came over that way!
Don’t think the FOI applies to the police regarding these sorts of things. They won’t tell you over the phone either no doubt due to the DPA. John probably knows about the dpa already…
Just as I was starting to think it was brushed under the carpet…
Got a hand delivered note from the local police yesterday.
They have requested me to contact them so they can come to my home (gobsmacked) and make a statement.
Should I get a solicitor involved.
Should I ask them to arrange it at the police station.
Should they provide evidence prior to any statement?
I am still sure I have not knowingly done anything in contravention to any of the laws they originally pinned on me. And if I did accidentally damage anything and the evidence is irrefutable, then I will hold my hands up.
Bloody hell,sat here wondering to do if it was me. My experience with the old bill is that they want a result,but they may just want to be helpful and find the truth in this case.
I think if it was me…Aye,I would have half an hour with a solicitor if you can afford it just to be as wise as those trying to screw you. My brief was £100 an hour +vat 12 years ago so they arn’t cheap.
Was begining to think you would not hear anything too if i was you would get some legal advise just to be prepared as looks like this aint going away now let us know how you get on
dar1976:
Just as I was starting to think it was brushed under the carpet…
Got a hand delivered note from the local police yesterday.
They have requested me to contact them so they can come to my home (gobsmacked) and make a statement.
My advice would be to get a solicitor involved now. Someone who knows criminal procedure will be able to advise on the situation. Saying the wrong thing (which may be “no comment”) could do you a great deal of harm.
The stiffest of the charges mentioned carries mandatory disqualification - which means losing your job. A lesser conviction that does not involve a court imposed disqualification ban could finish with the Traffic Commissioner considering your suitability to hold vocational entitlement - which would also mean losing your job if you lost Category D.
This is not a time to listen to armchair lawyers (which includes me - I’m a mere law undergraduate). You need someone who is experienced in this area to advise you. It doesn’t sound like a very strong case against you from what you’ve said, but a good lawyer will be able to unpick the situation and advise you what to do. Someone experienced in this area will have a good idea of the likelihood of conviction on the various possible charges based on the facts.
In particular, it would likely be a mistake to give a statement to the police without being accompanied by a solicitor.
dar1976:
Just as I was starting to think it was brushed under the carpet…
Got a hand delivered note from the local police yesterday.
They have requested me to contact them so they can come to my home (gobsmacked) and make a statement.
My advice would be to get a solicitor involved now. Someone who knows criminal procedure will be able to advise on the situation. Saying the wrong thing (which may be “no comment”) could do you a great deal of harm.
The stiffest of the charges mentioned carries mandatory disqualification - which means losing your job. A lesser conviction that does not involve a court imposed disqualification ban could finish with the Traffic Commissioner considering your suitability to hold vocational entitlement - which would also mean losing your job if you lost Category D.
This is not a time to listen to armchair lawyers (which includes me - I’m a mere law undergraduate). You need someone who is experienced in this area to advise you. It doesn’t sound like a very strong case against you from what you’ve said, but a good lawyer will be able to unpick the situation and advise you what to do. Someone experienced in this area will have a good idea of the likelihood of conviction on the various possible charges based on the facts.
In particular, it would likely be a mistake to give a statement to the police without being accompanied by a solicitor.
+1, especially the point highlighted in red. You might have to pay for a brief - but would you want to risk losing your licence? Good luck, man. Hope it all goes well.
dar1976:
Just as I was starting to think it was brushed under the carpet…
Got a hand delivered note from the local police yesterday.
They have requested me to contact them so they can come to my home (gobsmacked) and make a statement.
Should I get a solicitor involved.
Should I ask them to arrange it at the police station.
Should they provide evidence prior to any statement?
I am still sure I have not knowingly done anything in contravention to any of the laws they originally pinned on me. And if I did accidentally damage anything and the evidence is irrefutable, then I will hold my hands up.
Just wondering your thoughts…
After re reading the thread and your own comments/actions i would ring them and tell them i have no statement to make. I would add that i would be willing to answer any questions they have regarding the alleged incident and would be happy for them to record them. I can’t see how having a brief at this stage is gonna help you. Police want a statement, brief can only say yea or nay. Once you make a statement its an accepted fact by you (and the police/CPS and courts). You may need to research the actual facts at a later date, your statement (if you provided one) may compromise this.
One thing is for sure, they don’t want a statement from you just so they can put the matter to bed. I’m not a law student and i’d tell them …no way hose !!
One way or other they want a statement from you, don’t incriminate yourself by elaborating on what you’ve already said, if anything ?
I’d be inclined to say you weren’t aware of anything untoward on that day and neither were the folk you were working with, along with the fact there was no damage to your vehicle, and leave it at that. It lets them know you have witnesses which makes your case a lot stronger. Ask them what evidence they have and that you would like to see any statements.
They then forward what they have to the CPS, it’s up to them to decide if you have anything to answer to. If they do decide to press charges you will be sent all statements and the option to plead, if it goes that far contact a solicitor, preferably one that knows what they are talking about.
