Being Prosecuted - Page 2

steve-45 · 8th September 2017, 13:26

Quote:

Originally Posted by DMGRS

Blimey, that's rough!
Not enough Police to patrol the streets, but enough to prosecute for that...

An easy nick !!!

Ravinder · 8th September 2017, 15:06

What a joke. An easy target...

Coups · 8th September 2017, 15:19

Doesn't sound right to me..... Seeking proper legal advice is the only sensible way to go. I've been thinking about this on and off all day and just can't see why a prosecution is in the public interest.

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Sector-9 · 8th September 2017, 15:22

Tell 'em to get stuffed! Rules of the road don't apply to private land except a few if the land is open to the public (e.g. a supermarket car park), but knowing how the police will spin things to the magistrate you really need a solicitor to argue for you. Check if your insurance or breakdown cover include legal advice/assistance.

Coups · 8th September 2017, 17:17

Quite right!

S3 Road Traffic Act 1988 (careless or inconsiderate driving) requires the offence to be on a road or other public place.

This would cover private owned car parks used by the public e.g. Supermarket, pub, leisure centre.

I can't see it covering a private driveway.

I'd suggest a call to the CPS or enquiry officer, if listed, should see this red penned. Someone's made a mistake here I think.

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mileshawk56 · 8th September 2017, 17:44

Methinks MissPC is trying to play with the big boys,maybe. Only on a public road or one which the public reasonably have access. Coups is the best answer/advice.. I bet whoeverpC it was their mates are holding the heads in disbelief, every job has its idiots. Chris S.

SCP440 · 8th September 2017, 17:48

I have just rung a friend who is a police officer, he was amazed and reckoned it is some over enthusiastic bobby trying to get his point score up as he has had a slow week.

He was not sure but thinks you can be done for the offence even on private land but common sense usually means it does not happen.

His advice was employ a solicitor and that in itself will probably make the offence go away, most solicitors will write a letter for a set fee and that is probably all it will need.

clf · 8th September 2017, 18:23

Quote:

Originally Posted by SCP440

I have just rung a friend who is a police officer, he was amazed and reckoned it is some over enthusiastic bobby trying to get his point score up as he has had a slow week.

He was not sure but thinks you can be done for the offence even on private land but common sense usually means it does not happen.

His advice was employ a solicitor and that in itself will probably make the offence go away, most solicitors will write a letter for a set fee and that is probably all it will need.

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.

VVC-Geeza · 8th September 2017, 18:41

Is it normal practice for the police to breathalyse someone if the car hasn't moved off private land?

Darcydog · 8th September 2017, 18:48

Quote:

Originally Posted by rustymotor

Go to court it will cost the Police a fortune and they may well drop it..crazy.

Damage to the property probably a civil matter if you don't fix it..

Good advice

8th September 2017, 15:06	#12
Ravinder This is my second home Rover 75 saloon x2, Rover 75 Tourer x2, Rover 220 Coupe Turbo Join Date: Aug 2010 Location: Kirkcaldy, Fife Posts: 9,036 Thanks: 2,278 Thanked 2,852 Times in 1,718 Posts	What a joke. An easy target... __________________ Wanted - Indian bride. Cash waiting. (All sorted - bargain) First name and forum name: Ravinder Rover 75 2.0 CDT Connoisseur SE 116 (160 remap) Royal Blue (JFM) This vehicle was the 50,481st 75 to run off the production line, out of 112,381 This vehicle was the 2,238th 75 CDT Connoisseur SE to be made out of 3,775 This vehicle was the 5,002nd 75 in Royal Blue (code: JFM) to be made out of 14,420 Royal Blue 75s

8th September 2017, 15:22	#14
Sector-9 Gets stuck in Rover 75 CDT manual Tourer Join Date: Aug 2014 Location: nr. Mansfield Posts: 767 Thanks: 24 Thanked 182 Times in 137 Posts	Tell 'em to get stuffed! Rules of the road don't apply to private land except a few if the land is open to the public (e.g. a supermarket car park), but knowing how the police will spin things to the magistrate you really need a solicitor to argue for you. Check if your insurance or breakdown cover include legal advice/assistance. __________________ Free fault codes scan/clear (TOAF) - M1 J27 area

8th September 2017, 18:41	#19
VVC-Geeza This is my second home 2005 Connoisseur SE 1.8 Turbo,2004 45 1.8 Connoisseur and my beloved 1998 VVC Coupe. Join Date: Nov 2009 Location: Derby. Posts: 8,762 Thanks: 2,022 Thanked 1,016 Times in 739 Posts	Is it normal practice for the police to breathalyse someone if the car hasn't moved off private land? __________________

8th September 2017, 15:19	#13
Coups Posted a thing or two Rover 75 Contemporary SE Join Date: Apr 2014 Location: Dundee Posts: 1,941 Thanks: 545 Thanked 520 Times in 402 Posts	Doesn't sound right to me..... Seeking proper legal advice is the only sensible way to go. I've been thinking about this on and off all day and just can't see why a prosecution is in the public interest. Sent from my iPhone using Tapatalk

8th September 2017, 17:17	#15
Coups Posted a thing or two Rover 75 Contemporary SE Join Date: Apr 2014 Location: Dundee Posts: 1,941 Thanks: 545 Thanked 520 Times in 402 Posts	Quite right! S3 Road Traffic Act 1988 (careless or inconsiderate driving) requires the offence to be on a road or other public place. This would cover private owned car parks used by the public e.g. Supermarket, pub, leisure centre. I can't see it covering a private driveway. I'd suggest a call to the CPS or enquiry officer, if listed, should see this red penned. Someone's made a mistake here I think. Sent from my iPhone using Tapatalk

8th September 2017, 17:44	#16
mileshawk56 Posted a thing or two MGZT Join Date: Jul 2015 Location: Berkshire Posts: 1,281 Thanks: 1,738 Thanked 299 Times in 216 Posts	Methinks MissPC is trying to play with the big boys,maybe. Only on a public road or one which the public reasonably have access. Coups is the best answer/advice.. I bet whoeverpC it was their mates are holding the heads in disbelief, every job has its idiots. Chris S.

8th September 2017, 17:48	#17
SCP440 I really should get out more....... MG ZT-T 260 Join Date: Feb 2016 Location: Witney Posts: 2,504 Thanks: 6 Thanked 910 Times in 571 Posts	I have just rung a friend who is a police officer, he was amazed and reckoned it is some over enthusiastic bobby trying to get his point score up as he has had a slow week. He was not sure but thinks you can be done for the offence even on private land but common sense usually means it does not happen. His advice was employ a solicitor and that in itself will probably make the offence go away, most solicitors will write a letter for a set fee and that is probably all it will need.