Being Prosecuted

[thundercat]

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?

No, this did not happen when trying to check defective brakes, as us rover 75 owners know the left rear brake pipe on the saloon passes over the tank and comes down on the inside wheel arch to the rear disk. Because of this they are susceptible to corrosion and failure. It was this pipe that I was going to check prior to an MOT. AS you have jumped to the wrong conclusion maybe the Police also have.

[Coups]

Originally Posted by Gate Keeper

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.

Send the bill to you're neighbour! Would you expect the police to wait outside while another, cheaper, method of entry is found given it really was a potential life or death situation?

I appreciate you're not wanting to pay but should the police for acting in good faith and trying to save a life.......


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[Mike Noc]

Originally Posted by 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.

As long as the OP's drive is part of his property, rented or not, I don't think that is the case. If it is someone's property and therefore private land by implication, there is no need for either a sign or a barrier.

According to the motor lawyers' site:


Not on a public highway

If the "offence" occurred on private land, there is a potential defence if it can be established that that area is not a road or other public place. As a general definition, a public place is an area to which "the public have access or which members of the public are to be found without having obtained access either by overcoming a physical obstruction or in defiance of prohibition express or implied."
Typically, car parks, caravan sites, hotel forecourts, pub car parks are public places.









.

[kc13661]

I think we can all speculate on 'right or wrong' as i have never visited the premises (and probably most that comment will not have either) then I can't say as a definite, but only give my opinion as I see it, and on that note I see an accident has occurred that resulted in an officer asking for a breath sample, now to ask for that would suggest the officer had reason to see if an offence had been committed, now I am hoping that someone with more knowledge than me will answer this question: Do all officers carry a breath test or is it just traffic? if a standard patrol car, then is it possible they have made an error with regards to location as in Private land or Public Access, if a traffic officer then what have they seen that would aim them down the route of prosecution.

If I am not mistaken does the investigating officer not have to caution the offender that they may be reported for offences, the officer then has to submit a report to the local traffic unit and they determine if any offence is to be answered (not the officer)

Now I cannot say what exactly happened or what was the exact dialogue between the OP and any Police officers attending, only the Op knows that for certain.

If the OP feels an injustice then he has the right to ask for his concerns to be listened to in an open court hearing, however if he chooses court (which if innocent he should) he will receive communication with a case number and which court is dealing with the case, my suggestion would be send a letter to the clerk of the court with the case number and request a date for an open hearing. More and more offences are been dealt with by the means of a SJP (Single Judicial Process) where a single magistrate looks at the charge and the evidence in front of them, and determines a decision without the defendant been present.

As said earlier I wish the OP all the best in resolving this

[Mike Noc]

Yes me too.

[kaiser]

I would rock up at court with a copy of 1984. State my case and hand over the book to the prosecutor.

I would then go home and practising driving up my ramps!

[Gate Keeper]

Originally Posted by Coups

Send the bill to you're neighbour! Would you expect the police to wait outside while another, cheaper, method of entry is found given it really was a potential life or death situation?

I appreciate you're not wanting to pay but should the police for acting in good faith and trying to save a life.......


Sent from my iPhone using Tapatalk

My neighbour refuses to pay, as she blames the police for over reacting to her call. She said they should not have forced their way in, she never expected then to break the doors down. In fact the police rang the wrong door bell and we never heard them knocking, until they came up the stairs shouting. I was still in bed, 5 days post-op abdominal surgery. An overflow pipe from the toilet cistern was shooting water to the outside of the front of the house and out onto the street. A valve had got stuck on the flush.

The neighbour must have thought it was from the bath. I have 14 days to pay the invoice, or it will be passed onto a debt collector. I can't be doing with all this now as I need closure and I am due to fly out to East Africa for 3 months. In life, sometimes there are lows and high. I am on a pension but it is a financial hit I will have to bear. You clearly don't want the police to pay. That's it in a nutshell.

[Coups]

Originally Posted by Gate Keeper

My neighbour refuses to pay, as she blames the police for over reacting to her call. She said they should not have forced their way in, she never expected then to break the doors down. In fact the police rang the wrong door bell and we never heard them knocking, until they came up the stairs shouting. I was still in bed, 5 days post-op abdominal surgery. An overflow pipe from the toilet cistern was shooting water to the outside of the front of the house and out onto the street. A valve had got stuck on the flush.



The neighbour must have thought it was from the bath. I have 14 days to pay the invoice, or it will be passed onto a debt collector. I can't be doing with all this now as I need closure and I am due to fly out to East Africa for 3 months. In life, sometimes there are lows and high. I am on a pension but it is a financial hit I will have to bear. You clearly don't want the police to pay. That's it in a nutshell.

I'm sorry to hear you've been unwell and certainly this added stress won't help. There's always more to every story than there first appears and I'm certainly not in a position to say what's right or wrong.

I would never expect your neighbour to pay. Likewise I wouldn't expect you to pay either but then why should the police pay when they've acted in good faith to potentially save a life. Obviously someone has to pay and my post was simply to highlight the usual 'make the police pay' and 'send them the bill' thinking that perpetuates amongst people.

Should the police think twice about forcing entry if a neighbour calls to say they think someone is drowning in the bath. I'd say not. I rather hope they don't if it was me needing help.

I appreciate you didn't on this occasion thankfully

Now who should pay? Now there's the question. I can't answer that and glad I don't have too! I personally think it unfair that you have to fork out given the circumstances but should it come out of the public purse?

That's it in a nutshell as you put it.

I hope you make a speedy and full recovery and have a great time across in east Africa. One place I'd love to visit if the chance ever arises.



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[Gate Keeper]

Originally Posted by Coups

I'm sorry to hear you've been unwell and certainly this added stress won't help. There's always more to every story than there first appears and I'm certainly not in a position to say what's right or wrong.

I would never expect your neighbour to pay. Likewise I wouldn't expect you to pay either but then why should the police pay when they've acted in good faith to potentially save a life. Obviously someone has to pay and my post was simply to highlight the usual 'make the police pay' and 'send them the bill' thinking that perpetuates amongst people.

Should the police think twice about forcing entry if a neighbour calls to say they think someone is drowning in the bath. I'd say not. I rather hope they don't if it was me needing help.

I appreciate you didn't on this occasion thankfully

Now who should pay? Now there's the question. I can't answer that and glad I don't have too! I personally think it unfair that you have to fork out given the circumstances but should it come out of the public purse?

That's it in a nutshell as you put it.

I hope you make a speedy and full recovery and have a great time across in east Africa. One place I'd love to visit if the chance ever arises.



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Thank you for taking the time to write The police gave me a legal document which allowed them to make a forced entry and carry out a search. 2 teams arrived up the stairs. One team had a medical bag with a defibrillator. All the met police carry these kits in their patrol cars and are trained to use them. They were quite helpful in turning the water off and one of the officers said, how relieved he was that he didn't have to pull a stiff out of the bath and there was no bad smell. They must have to do some horrendous jobs.

I accept all the points you make about who should or shouldn't pay. £288 is not a fortune, but this month is MOT and road tax month, it all adds up. Thank you for your good wishes for Africa and my health. I am doing really well, this morning I walked 2 miles and I am feeling positive.

I will pay the bill, so I can have closure

[thundercat]

Update, I have been advised that if I go ahead with the review of this case that I have asked for, the offer of the Speed Awareness course is withdrawn and will not be offered again, if the police still go ahead with the prosecution I would have to take my chances with the Magistrates. So basicly they have got me by the short and curlies, if I loose the argument I shall receive penalty points a fine plus victims surcharge. Or bite the bullet and take the £185 course, by doing so I would have admitted guilt. Fantastic is our justice system. Also once I have completed the Driver Awareness Course I cant appeal against the original charge, oh and of course I have a very limited time scale to make up my mind, that's 4 days.