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Letter from Police, intention to prosecute RTA - advice please on how to proceed


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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, 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,  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,  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.

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.

any advice would be appreciated

Many Thanks

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This sounds like someone has alleged that you were involved in an accident which caused damage or injury to a third party or their property.

If the request is issued under Section 172 of the Road Traffic Act (and it should mention that) you are obliged to respond by providing the driver's details. But that is all you are obliged to do at this stage.

As far as the failing to stop/report charges are concerned, you could inform the police that you did neither because, as far as you are aware, no accident requiring you to stop occurred.

 

 

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Hello and thank you for that

It says as follows

1 - Driving without due care and attention - sec 3 Road Traffic Act 1988

2. - Failing to stop at a road traffic accident - sec 170 (4) Road Traffic Act 1988

3.   Failing to report road traffic accident - sec 170 (4) Road Traffic Act 1988

To be honest, none of the above occurred.

Yes, they say I have to tell them who the driver was, but as I am the only one using my car it would be me anyway. Due to the location of the alleged offences I am pretty sure it is to do with this lorry driver. 

I am happy to say it was me driving, but should I also give a written account of my side of events , as they have kindly provided a blank piece of paper for me. But not sure as these are criminal charges, whether I should put anything in writing at this stage

I don't really know what it's about and don't know on what evidence these allegations are based on, given the fact none of the above actually occured.

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Yes they are criminal charges.

The law requires you to stop/report if "...owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which— [injury or damage to a third party or their property is caused].

"I would be disinclined at this stage to offer anything more than you do not believe any such accident took place.  You could provide a brief description of the altercation in an attempt to explain why another party might be making these allegations.

I know it's a silly question, but are you sure that you did not collide with anything? Could you have mistaken hitting something for the other party thumping your car? Could it be that you passing closely caused him to damage something somehow?

 

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Hi there

 

thank you for the reply.

No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror. 

I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ? 

That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me.

At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me. 

I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday.

But this is all I can think of, it must have to do with this incident as it is in the same street. 

 

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Would this be OK to send or is it too much detail already ?

 

"In response to your letter dated  xxx Intention of Prosecution reference xxxxxx

I would like to advise that no collision / accident took place at the given date / time / location.

There was however an altercation with the driver of a commercial vehicle who punched and kicked my car, verbally abused me when I stopped and acted in a distinctive threatening and aggressive manner.

I advised I would be reporting him to his company for threatening behaviour and vandalism for punching and kicking my car whilst driving past in the road.

When I tried to take a photo of his number plate, he came towards me in a further aggressive and threatening manner, so I decided to retreat into my car and lock the doors before he could reach me, as I was frightened he may assault me.

I drove off and when I checked my phone later , the photo was regrettably unusable, as the camera couldn’t focus properly when I rushed back to my car.

So I decided not to report him for his threatening behaviour and actions, as at the time I believed he would be untraceable anyway.

So I am not sure if the accusations against me are in relation to this altercation, but no actual collision took place at this time , date and location as alleged in your letter"

 

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Seems OK, except that you must provide your details (as the driver). Include your name, address, DOB and driving licence number. This is to comply with s172 of the Road Traffic Act. Keep a copy and get a free Certificate of Posting from the Post Office.

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Yeah, I would confirm that anyway, as there is a separate sheet where I have to put in those details and my insurance number and driving licence number.  That is on page 2 (page one is their allegations)

then page three is a statement that you weren't the driver and space to give details who was driving.

Page 4 is an empty sheet for a statement to explain the situation.

 I will fill out my details as the driver on page 2, admitting I was driving at the time,

and then attach my statement as above as a separate sheet.

That should hopefully do it at this stage

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I have posted the letter off today - sent recorded delivery, so should get to the Police early next week.

I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one.

I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing.

I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help. 

I always thought most people have at least a video door bell these days but not in that road... 😐

So came home a bit disappointed. 

If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.

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  • 4 weeks later...

I had a letter from the police today saying an evidence reviewer has assessed the case and the decision was made that it is not in the public interest to continue with the enquiry and no further action will be taken.

Although that is good news, it still doesn't tell me what I have been accused of specifically, as no actual collision or accident happened / took place.

It just says they won't take any further action.

 

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It is not necessary for a vehicle to be involved in a collision or an accident to impose a duty on the driver to stop and either exchange details or report the incident. If an accident occurs due to its presence the driver must stop.

Anyway, that doesn''t really matter. You were not actually accused of anything. The police suspected you had committed the offences they listed. That's about all you will get.

 

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