Being Prosecuted - Page 3

Mike Noc · 8th September 2017, 19:48

Quote:

Originally Posted by thundercat

Now this is the good bit, I have just had a letter from the Suffolk Constabulary informing me that I am being prosecuted for driving without due care and attention or reasonable consideration for other road users.

Regularly drove cars without due care and attention and certainly no consideration whatsoever for other road users on private land I didn't own back in the day, including this Granada on it's side, and never got nicked for it.

As mentioned, a completely ridiculous prosecution, and one that would surely fail if taken to court.

Jakg · 8th September 2017, 21:25

Quote:

Originally Posted by clf

I would have thought an offence could be pursued (and I am using that term deliberately

, as it seems to be pursued rather than committed) by an aggrieved party. The aggrieved party would be the insurance company as they are the ones ultimately suffering the loss, but that is their business - risk. And that just doesnt make sense to me, because the insurance company is supposed to act on your behalf. The landlord has had his/her property repaired (I assume), and I imagine quite quickly with no inconvenience to them at all (since the OP is the tenant).

As has been mentioned getting (proper) legal advice is important and in my view, the only way to go. Does your car insurance have legal cover? This would be what it could be used for - ironic? lol Good luck, and I hope you have a positive outcome.

You don't need an aggrieved party if the case is in the public interest - otherwise no-one would ever get prosecuted for murder!

OP - you have my sympathy. When I bought a 75 to break, I got someone to deliver it on a trailer... we agreed they would push it off the trailer and up my drive and I would steer. They got a bit carried away and ended up pushing it up the drive, and straight into my garage door. Despite living in Suffolk I didn't get done for driving without due care...

Mike Noc · 8th September 2017, 21:59

How can a prosecution in this case possibly be in the public interest?

clf · 8th September 2017, 22:03

Quote:

Originally Posted by Mike Noc

How can a prosecution in this case possibly be in the public interest?

quite obviously the op is a menace to society, and should be considered lucky that he isnt being lined against the wall and shot for such a heinous offence

bl52krz · 8th September 2017, 22:06

If you have the car keys on you, you are deemed to be in charge of said vehicle. If they suspect you have driven on the road, you can be breathalysed. They may have thought you had been on the road before you tried to drive up the ramps.just saying.

Jim Jamieson · 8th September 2017, 22:25

To the OP take the advice given on here and seek legal help.
Open a word document and list everything that has happened since day one and I mean everything.

Personally I would fight this, it's a simple accident even though it may have been a bit silly but I'm sure you are aware of that.

Good luck and please keep us posted.

deltic08 · 8th September 2017, 22:48

Had this been Essex police I would have said they are Barking mad, but this is just spiteful.

Rick-sta · 8th September 2017, 22:58

funny how they always show up so quick when there's an opportunity to give out a motor related fine, easy win getting those stats up.

definitely seek legal advice. no common sense what so ever.

DerekS · 8th September 2017, 23:32

quote ... So I can either pay 185 quid and attend a drivers awareness course or go to court, not much of a choice really is there.

? 185 ? isn't that £100 more than the average ?

genpk · 8th September 2017, 23:56

Not so sure over your side of the world but to lay such a charge over here you would need to be on a gazetted road (listed as a road) to be able to be prosecuted unless there was death or injury involved.
I would suggest it is a civil case at best of damage between you and your landlord and is no different to you punching a hole in your front door.

8th September 2017, 22:06	#25
bl52krz This is my second home Rover 75 cdt club + Rover 2.5 KV6 Conni SE Join Date: May 2008 Location: Birmingham Posts: 11,387 Thanks: 6,587 Thanked 2,262 Times in 1,729 Posts	If you have the car keys on you, you are deemed to be in charge of said vehicle. If they suspect you have driven on the road, you can be breathalysed. They may have thought you had been on the road before you tried to drive up the ramps.just saying. __________________ Great Barr, Birmingham. Last edited by bl52krz; 8th September 2017 at 22:08..

8th September 2017, 22:58	#28
Rick-sta This is my second home MG ZT 2.0 CDTI+ in Typhoon, MG TF 135 in Typhoon & Rover 75 Connoisseur CDTI SE in Pearl Black Join Date: Oct 2012 Location: Norfolk Posts: 7,534 Thanks: 2,718 Thanked 2,827 Times in 1,462 Posts	funny how they always show up so quick when there's an opportunity to give out a motor related fine, easy win getting those stats up. definitely seek legal advice. no common sense what so ever. __________________ How to retrofit Cruise Control on a diesel with no OEM wiring in place: Link How to retrofit heated electric memory seats with no OEM wiring in place: Link How to operate FBH and ATC via text Link How to restore cloudy projector headlights Link

8th September 2017, 21:59	#23
Mike Noc This is my second home Rover 75 CDT Manual Connoisseur SE, Rover 75 CDT Automatic Connoisseur SE & a Freelander Td4. Join Date: Jul 2009 Location: Hampshire Posts: 11,547 Thanks: 3,470 Thanked 3,119 Times in 2,247 Posts	How can a prosecution in this case possibly be in the public interest?

8th September 2017, 22:25	#26
Jim Jamieson This is my second home Rover less ! Join Date: Jun 2011 Location: Tarbolton Posts: 3,442 Thanks: 393 Thanked 888 Times in 542 Posts	To the OP take the advice given on here and seek legal help. Open a word document and list everything that has happened since day one and I mean everything. Personally I would fight this, it's a simple accident even though it may have been a bit silly but I'm sure you are aware of that. Good luck and please keep us posted.

8th September 2017, 22:48	#27
deltic08 Avid contributor 52 ZT 190 Solar Red. 54 ZT 190 SE Ignition Blue. 54 ZT 190 SE Rio Red. 05 ZT 1.8T Aurora Join Date: Mar 2015 Location: Ripon Posts: 232 Thanks: 31 Thanked 44 Times in 27 Posts	Had this been Essex police I would have said they are Barking mad, but this is just spiteful.

8th September 2017, 23:32	#29
DerekS Posted a thing or two Rover 75 Tourer Join Date: Nov 2006 Location: Malpas Posts: 1,526 Thanks: 34 Thanked 118 Times in 89 Posts	quote ... So I can either pay 185 quid and attend a drivers awareness course or go to court, not much of a choice really is there. ? 185 ? isn't that £100 more than the average ?

8th September 2017, 23:56	#30
genpk Posted a thing or two Rover 75 Saloon MGZT Join Date: Jul 2012 Location: Perth, AUSTRALIA Posts: 1,662 Thanks: 3 Thanked 461 Times in 299 Posts	Not so sure over your side of the world but to lay such a charge over here you would need to be on a gazetted road (listed as a road) to be able to be prosecuted unless there was death or injury involved. I would suggest it is a civil case at best of damage between you and your landlord and is no different to you punching a hole in your front door.