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Hi everyone. Hope this is the right section to post this!
I received a letter through the post this morning for something that happend in B&Q carpark on Monday. Only thing is i'm not sure what i've supposedly done wrong. Surely the notice should be more clear?
It could be driving:-
(a) Dangerously
(b) Without care & attention or with reasonable consideration for others
(c) Exceeding the speed limit
(d) In a dangerous position
(e) Failing to conform to a traffic sign or signal.
It also says an officer will be allocated to deal with the alleged offence & will contact mein due course. I've been racking my brains and can't think of what it could be.
Does anyone have any idea as to why i've not been told to what is on the notice??
Could be a wind-up. You don't say who sent it - but that aside, from the first 5 offences you listed, I don;t think any of these can apply when on private ground (as a B&Q car park would be). Is the name and address details the same (precisely) as that on your V5?
Thanks for replying. It's come from West Yorkshire police.
I've moved house since buying the car, so the V5 docs still show my previous address. But apart from that, all other details are correct i.e reg/make/model.
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Someone's reported you - probably for perhaps hitting their vehicle. In the old days they'd ask you round for a chat before deciding to follow the route you've now experienced! Still if on private property, much of their powers are diminished.
But don't panic. Something similar happened to me years ago - I'd supposedly hit someone 3 days earlier when reversing out of a lane. I honestly hadn't and it may have been a shunt by another vehicle but mine was seen at the time it was discovered and they assumed. As I went to the police station with the vehicle and saw I had no damage, that was an end to the matter. Do check that the date and time of the alleged offence tally with your recollection, were you really there within that timeframe? If you've the strength to pre-empt their paperwork, if you have the details call the local station and ask what's going on.
Also, check your car in case you have accidentally bumped someone - it will clearly show.
A few years ago, a colleague and I were in a Sainsbury's car park buying lunch when we noticed sthe person parked next to her taking down her reg details. we went straight over to see what she was on about and she pointed out a dent in her car which had "white paint" on it, so it was clearly my colleagues car, which was white.
Colleague started to flap as she didn't realise she'd done it and was about to give her insurance details - till I pointed out that there was no damage to her car and that the "white paint" looked suspiciously like chalk - which was also on thi woman's fingers. Needless to say, she drove off in a hurry and my friend didn't hear from her.
All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.
tiglet, your post just goes to prove what idiots there are out there!
buzby, hopefully i'll be as lucky as you. I went outside earlier with a torch, and I couldn't see anyting noticable. I'll have a proper look in the morning in natural light.
I was definately at B&Q around that time but i've thrown the receipt away. I'll get that out of the recycle bin tomorrow and that'll tell me the exact time I left.
I also phoned the station and got a very abrupt lady. She said the officer in question wasn't on duty and just to wait for him to get in touch. She did say it could be that a statement has yet to be taken from the other side, and any witnesses if there are any.
When I had my garden wall demolished by a car, the driver made off but a neighbour noted the VRM.
Once I contacted the Police, then sent a NIP and S.172 request tot he RK and them passed on the details of the driver to me.
They took no further legal action
Maybe that is what has happened in your case.
Has the NIP arrived within 14 days of the alleged offence? If not, then it is unlikely that any criminal prosecution can succeed - although you must still complete the S.172 request to name the driver.
The 'incident' took place on Monday (1st Oct) and I received the letter yesterday (4th). So they were quick to send it out, although at the bottom of the notice it says:
"I certify that I served a copy of this notice on the above named by recorded delivery in 1-10-2007".
But it was sent second class normal post.
I've also had a look around my car this morning and there's no signs of hitting another vehicle. Fingers crossed I might not hear anything.. but i'm not banking on it.
13.30 (the time of the 'incident') was the time I went in to the car park.
I wasn't served until 13.46 - and then add a couple of mins to get to the car. So that means whoever/whatever I hit could easily of approached me and asked for details. Im 5ft, weigh 6.5 stone so i'm not exactly menacing.
The 'incident' took place on Monday (1st Oct) and I received the letter yesterday (4th). So they were quick to send it out, although at the bottom of the notice it says:
"I certify that I served a copy of this notice on the above named by recorded delivery in 1-10-2007".
But it was sent second class normal post.
I've also had a look around my car this morning and there's no signs of hitting another vehicle. Fingers crossed I might not hear anything.. but i'm not banking on it.
If you are the RK of the car (and have been for some time) then any prosecution will automatically fail as service of the first NIP in any chain may not be made by second class post.
If you are the RK of the car (and have been for some time) then any prosecution will automatically fail as service of the first NIP in any chain may not be made by second class post.
So keep the envelope.
Or deny that you ever receive it and claim it was lost in the mail strike but as that would be a lie is not to be recommended.
Notice of Intended Prosecution
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good luck!
Originally Posted by Yorki
