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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Enhanced CRB checks


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I'm planning to apply for a promotion at work, but because the new job would involve contact with children I'll need an enhanced CRB. The thing is, I have a criminal record -one conviction for theft which dates back over ten years, when my life was VERY different to now. I didn't need to declare this when I applied for my current job as it was 'spent' but obviously it'll show up on the CRB.

 

My question is, how much detail will the CRB go into? Will it say 'on date x nonymouse was convicted of theft and was sentenced to xx hours of community service' or will it go into deatils of what I stole or who from? I'm fine about my employers potentially knowing I stole but due to the circumstances that led to the crime (abusive relationship, homelessness) I'd rather they didn't know the gory details of everything.

 

Can someone with experience of enhanced CRBs tell me what will show up, please?

 

Many thanks

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The former rather than the latter - but my advice is full disclosure including the gory details! This gives them context, which enables them to make a sound decision. Theft is consdiered very serious when working with vulnerable people, but the circumstances are mitigation of the bare facts. You don't need a blow by blow account - but I would explain the general circumtances.

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So it would be better for me to tell them that I stole to help me pay the deposit on a bedsit to help me leave an abusive relationship? It feels a bit weird - it's not something I'm ashamed of really but it would feel a bit odd working with people who knew that about my past, even though it's a long time ago... :/

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Hello there. I can understand why this is bothering you.

 

For what it's worth, quite a few people have come onto the forum with similar worries and I think there have been some good outcomes. It might be worth a read of previous threads about CRB checks, using the search facility, to see what other people have done.

 

HB x

Illegitimi non carborundum

 

 

 

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Thanks! I just think it's making that step of actaully writing it on the application form that's daunting - In ten years I've never told a soul about my conviction (not even my closest friend) so to tell a potential new boss and an faceless HR person seems very scary.

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I am a moderator on a student nursing forum and this question pops up frequently. The advice I give to everyone as SarEl says is be honest, open and explain. 10 years is a long time and hopefully your employer will acknowledge that along with your reasons as to why you stole the money.

 

Best of luck

 

Panthro

Disclaimer: Any advice given is solely my own. I advise you seek professional advice in the first instance.

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Hi Nonymouse if you are curious about what a CRB shows on you you can apply for your own. Just go to your local police station & ask for the CRB form complete & return with your ID passport ect. (must be originals) & a cheque which will be about £10/£20. Takes about 4-6 weeks to arrive. Can't really advise on the rest of your query other than to say declare it & keep it brief. Hope that's some help.

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I've had 2 enhanced CRBs in connection with my work and have a very old conviction similar to yours.... 20 years ago now. It hasn't had any negative effect on being offered a job working with vulnerable young people presumably because it was a long time ago and is not llinked to the work I'm doing now.

 

The CRB only states the charge (under the Theft Act, for example), the date, the court involved and the fine. It doesn't give a blow by blow description of the offence.

 

Everyone's entitled to make mistakes and learn from those.... Be honest on your application.... and good luck :-)

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Hi Nonymouse if you are curious about what a CRB shows on you you can apply for your own. Just go to your local police station & ask for the CRB form complete & return with your ID passport ect. (must be originals) & a cheque which will be about £10/£20. Takes about 4-6 weeks to arrive. Can't really advise on the rest of your query other than to say declare it & keep it brief. Hope that's some help.

 

Do you have a link for this information? The CRBs own website states:

 

"CRB checks cannot be obtained by members of the public directly but are only available to organisations and only for those professions, offices, employments, work and occupations listed in the Exceptions Order to the Rehabilitation of Offenders Act 1974."

 

Would this just be a request under the Data Protection Act for your information for that particular police force? Do criminal records even come under DPA? I'm not sure...

Disclaimer: Any advice given is solely my own. I advise you seek professional advice in the first instance.

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Hi Panthro I don't have a link but I do have the document in front of me of what was sent to me by applying through my local police station. It came from; ACRO (SAO) & refers to section 7, DPA 1998- subject Access. It is dated 01/10/09 hope that is some use to you.

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Hi Panthro I don't have a link but I do have the document in front of me of what was sent to me by applying through my local police station. It came from; ACRO (SAO) & refers to section 7, DPA 1998- subject Access. It is dated 01/10/09 hope that is some use to you.

 

This is only the information that particular police force holds about you, this is a subject access request under s.7 of the Data Protection Act. THIS IS NOT A CRB.

 

The Association of Chief Police Officers:

 

"Section 7 of the Data Protection Act 1998 states that a 'data subject' (the person about whom the personal data refers) is entitled, upon written request, to be informed whether or not personal data is held or processed about them. This service is not a pre-employment vetting service and applicants wishing to apply for subject access as a condition of employment will be directed to the Criminal Records Bureau or Disclosure Scotland."

 

You are correct however that this might allow the OP access to the information help by the police.

Disclaimer: Any advice given is solely my own. I advise you seek professional advice in the first instance.

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Oh OK then I'll rephrase. It is a offical document that shows information from the 'Police National Computer'. I received a four page document that show me all the information someone applying for an enhanced CRB can see about me (which was 2 minor conviction from the eighties) it also shows community service order served, compensation cost & no fine. Also show no custody service recorded, no impending prosecution, no reprimands, no warnings, no cautions.

I found the document very useful as I was concerned what others could read about me & also had sort of hoped they had lost data somewhere in the system, but sadly no. Anyway nonymouse wishing you every success in your job promotion

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I've printed off a form for the SUbject Access Request today and I'll be posting it tomorrow once i can photocopy my ID and get a postal order from the Post Office.

 

Thanks everyone for your kind words. Ironically, since I posted this message I've been told that the 'promotion' at work is actually the same salary, rather than the pay rise I thought it would be, but it's a great opportunity to get some experience in a new area of work so I'm going to apply. Will let you know how I get on. :)

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Oh OK then I'll rephrase. It is a offical document that shows information from the 'Police National Computer'. I received a four page document that show me all the information someone applying for an enhanced CRB can see about me (which was 2 minor conviction from the eighties) it also shows community service order served, compensation cost & no fine. Also show no custody service recorded, no impending prosecution, no reprimands, no warnings, no cautions.

I found the document very useful as I was concerned what others could read about me & also had sort of hoped they had lost data somewhere in the system, but sadly no. Anyway nonymouse wishing you every success in your job promotion

 

This isn't true - an eCRB includes police intelligence where appropraite to a request. Such information is not included in a SAR With the greatest of respect, you, and most of the population, do not have the sort of records that might be held in "police intelligence", so you wouldn't have a clue what else is in there. Police intelligence includes things that you might be suspected of, or linked to, which cannot be proven and has no "official" status. For very obvious reasons. As we all recognise, at times the Plolce cannot, for example, proceed with a prosecution for child abuse due to lack of evidence. These things do not go away in the official records. They lurk. A SAR will not disclose them. But an eCRB to work with children will. The Police are exempted from disclosing all records - so whilst it probably isn't relevant here, it is important to understand.

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