Being Prosecuted

[Sprinter]

So all this happened in an attempt to check defective brakes. Therefore you were 'operating an unroadworhty vehicle.'

And the impact would have been noise pollution, disturbing the neighbours and their 'right to peaceful enjoyment.'

No doubt some curse word must have escaped, so you should be charged with 'public disorder.'

The list goes on.

OTOH can the police be prosecuted for wasting police time?

[Gate Keeper]

Originally Posted by Sprinter

So all this happened in an attempt to check defective brakes. Therefore you were 'operating an unroadworhty vehicle.'

And the impact would have been noise pollution, disturbing the neighbours and their 'right to peaceful enjoyment.'

No doubt some curse word must have escaped, so you should be charged with 'public disorder.'

The list goes on.

OTOH can the police be prosecuted for wasting police time?

I don't know if they can be prosecuted or not, but by coincidence today, I received a bill from a locksmith company for a call out fee of £288. In July, the police broke the front door down and it was them who called out the locksmith. I will pay the invoice and make a claim for the bill against the police.

[MSS]

Originally Posted by Coups

If you do chose to challenge, I would! and it goes so far as a court date (it won't once it passes the auto-sent paperwork and a prosecutor actually has a look at it and realises its tosh) you will be provided with all evidence against you including the report and witness statements. This is a legal requirement under Disclosure. It would be sensible to then seek legal advice as at the moment any solicitor could not address the case against you as you are not in possession of them yet.

There's no way this will pass through the courts. Remember, the court is there for all, it tends to be those that are caught that have the most to say when bad mouthing the justice system. On the whole it's fair and unbiased.


Sent from my iPhone using Tapatalk

I wholeheartedly agree.

Having spent some time observing court proceedings purely for interest (alongside another who had a professional reason to do so), I consider the legal system the most fair, balanced and independent of our institutions.

[myfirstrover]

Originally Posted by Gate Keeper

I don't know if they can be prosecuted or not, but by coincidence today, I received a bill from a locksmith company for a call out fee of £288. In July, the police broke the front door down and it was them who called out the locksmith. I will pay the invoice and make a claim for the bill against the police.

I think i would send the invoice to the police , did they not enter into a contract with the locksmiths ? once you pay it you can whistle for the money back from the police

[RPWC]

Originally Posted by myfirstrover

I think i would send the invoice to the police , did they not enter into a contract with the locksmiths ? once you pay it you can whistle for the money back from the police

I agree!! Years ago, a dog ran out in front of Fiona's car, it was off the lead on a main road, she hit the dog, which survived,. The owner who was following came over and said it was a Police sniffer dog, after exchanging details, she told the owner to take the dog to the vet to get checked. She reports the incident to the Police, and her car suffered damage, we got estimates for the damage to be repaired , and were happy for the local garage to do the work.We sent a copy of the estimate to the police, and waited months. They refused to hand over details of their insurer, and we were about to get solicitors involved, and had threatened this, when they eventually agreed to pay. We got the job done, sent them the bill and they paid, minus the vat, we had to invoice them again for this, so Phil, DO NOT pay yourself, send it to the plods.

[Gate Keeper]

Originally Posted by myfirstrover

I think i would send the invoice to the police , did they not enter into a contract with the locksmiths ? once you pay it you can whistle for the money back from the police

Thanks, I got the point you have made and will send the invoice to the police.

The invoice states the work was requested by Metropolitan Police. I never asked the police to break in, but they did. They were doing their job, acting on information received from a neighbour that I was drowning in the bath. This was in fact, not the case at all.

[thundercat]

There was no witnesses, so no statement other than mine

[kc13661]

I am sorry that i sound negative here, it is not personal but just looking at the OP and the follow ups, if I am correct the accident happened on the driveway to the property that you rent, it goes on to say 'private land' however technically if the driveway is accessed via a public road and it is open to anyone been able to walk up then it is a case that 'there could have been a danger to the public' unless of course the drive way was secured at the time and marked 'Private Land' in which case a danger to the public is removed.

Without further input I am presuming that access was opened and as the land is not yours but rented, then it would be private only to the Owner not the tenant, substantial damage has been caused by the OP to a third parties property, had the neighbour not rang the emergency services (which we have to believe was done out of good faith, after all a car flying off the ramps and hitting a building causing damage must have looked scary)would the OP have notified the Police (The law says 'any' accident has to be reported to the Police if it causes damage to a third party, within a set time period)

I personally think you will struggle to fight this successfully if you choose to go down that path. (if you do then I sincerely wish you the best)

Also as an ambulance attended be prepared, as the accident was your fault you may at a later date receive a bill for the ambulance.

Good Luck in whatever course of action you choose

[thundercat]

Just to fill in more details, my Bungalow is situated at the and of a drive that is surrounded by a 6 foot high wooden fence with only one way in and out. You can drive down it but doing a 3 point turn to get back out is a bit tight especially if my car is on parking space in front of where I live The only persons that come all of the way down is the postman, I have to drag my refuse bins up the drive as the wagons cant get down it, oh and my place is about 100 yard from the main road

[MSS]

Originally Posted by thundercat

Thanks for all of the advice guys, I have phoned up the Traffic Justice Unit at Lowestoft and have asked for a review of this. But as I am unable to go there and put across my defence they will again go by the Police woman's statement and leave it as is. NO doubt they will say that I could go to court and tell the Magistrate and let them decide. Anyone who has had dealings with Magistrates will know that they are not on your side and will nearly always give the Crown Prosecution Service the benefit of the doubt. Watch this space as I am taking photos of where the incident took place and visit CABs for their opinion

Personally, I would just pop along to the station where the PC who attended is based (I assume your local station) and explain the situation. This may be all that is needed to clear up the matter. Alternatively, it may help you understand why you are considered to have done wrong.

Mistakes happen where humans are involved, especially overworked ones. I don't think it helps to blow situations out of proportion or turn them into confrontations.

A starting assumption that the other party is idiotic, negligent, malicious or "out to get the innocent public" usually proves to the ill founded.