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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Really scared. Received Notice of Prosecution and I don't know why.

41 replies

KnotInTheStomach · 09/09/2013 16:10

I got a Notice of Intended Prosecution from the police accusing me of Failing to Stop, Failing to Report and Accident, Careless and Inconsiderate Driving.

I was in the time and the place mention in the letter so I was definitely the driver but I have NO IDEA WHAT I'M SUPPOSED TO HAVE DONE! How can this be?

I've filled in the form and said as much on the back. Was that the wrong thing to do?

I'm really scared. Should I seek legal advice now? I wouldn't know what to tell them. Will I definitely have to go to court?

Thanks in advance for any light anyone can shed on this. I have a terrible knot in my stomach all the time and I don't know what to do.

OP posts:

Report

aturtlenamedmack · 09/09/2013 16:16

I don't understand. Did you notice an accident?

PeterParkerSays · 09/09/2013 16:16

Can you remember anything at all about that journey? Was there someone who stepped out then changed their mind?

Remember that someone else can report the incident, and obviously has if they got your registration number, but they may not have got a good view of what happened / misread the situation.

KnotInTheStomach · 09/09/2013 16:23

I can remember the journey. I was coming back from a hypno session. I can't remember anything happening. I didn't notice anything at the point mentioned. However I do remember someone flashing their lights behind me a mile or so after the point stated on the NIP. I wondered why and assumed my brakes lights weren't working or something.

OP posts:

Igloofornow · 09/09/2013 16:27

Have you phoned police to ask? I would have thought they would have come round to ask you about it? Otherwise it must be pretty minor?!

DreadLock · 09/09/2013 16:32

phone the police and ask what this is about. Dont fill any forms or return anything until you have established clearly what is going on.

BerryLellow · 09/09/2013 16:39

Surely they could have come around to see you first? Weird. I'd definitely ring your local station if I were you, don't fill anything out until you know what is going on.

MrsDeVere · 09/09/2013 16:42

This reply has been deleted

Message withdrawn at poster's request.

VivaLeBeaver · 09/09/2013 16:44

It's odd that they didn't come round and talk to you.

I was in an accident with someone who didnt stop (their fault), I went to the police and I know for a fact the police went to this drivers house to take a statement.

I don't see how you can be charged like this when they haven't even established who was driving.

In my case the driver lied to the police and denied been there and the police said it was too much bother to do anything about it. Thankfully my insurance company had more time on their hands and got them.

starfishmummy · 09/09/2013 16:47

If it had been the police flashing their lights I am sure they would have stopped the OP.

KnotInTheStomach · 09/09/2013 16:51

Too late I've filled in the form and sent it saying I was the driver at the time and place but don't recall any incident.

It wasn't a police car which flashed me unless it was unmarked.

I called the police and they said the notes say I pulled out and made contact with a car. Surely I would have heard or felt that though?

OP posts:

handcream · 09/09/2013 16:53

I had a friend a few years ago being accused of failing to stop for an unmarked police car late at night. She genuinely didnt realise they were police officers. She went to the local police station asking to see the senior officer. As someone stated surely they would call you etc.

She told them that asking lone women to stop late at night and then sending a letter saying she would be taken to court was totally unacceptable. She made a clear statement and they fortunately took the view that they could have handled it better and the case was dropped. Not sure I would stop for an unmarked car with two men in trying to show ID whilst I was driving tbh.

KnotInTheStomach · 09/09/2013 16:53

Mrsdevere I understand why you almost had a breakdown over it. That's how I'm feeling. I can't even think straight. It's like I'm in a bubble and this is day 3.

OP posts:

VivaLeBeaver · 09/09/2013 16:54

Well it's one of two things,

Either the other driver is trying it on and although you were there you weren't involved in an accident. Possibly no accident or possibly another car that was also there......maybe they chased the wrong car down the road and took the wrong cars details?

Or you were so relaxed after your hypno session you didn't notice.

I hit Dh's car once without realising, but he was parked and I was reversing slowly past. I'd have thought at any greater sppeed you'd once.

VivaLeBeaver · 09/09/2013 16:54

Notice not once.

LaurieFairyCake · 09/09/2013 16:55

Clearly someone's reported you for hitting their car.

It doesn't mean you did though.

VivaLeBeaver · 09/09/2013 16:55

You're doing the right thing saying you were there but that you didn't notice an accident.

handcream · 09/09/2013 16:56

Why dont you take a deep breath and make an appointment to see someone at your local police station as opposed to thinking up scenarios that are getting worse and worse. Sometimes its best to see people face to face especially as you have no damage to your car which of course you will invite them as being welcome to inspect.

TCOB · 09/09/2013 16:59

Knot please try not to worry - exactly the same thing happened to me (well almost, I thought I'd touched a car but no way that I'd damaged it) and had the notice of intended prosecution. The insurance company will be behind this as they can't proceed unless they say it's a genuine incident and they need ref number etc to do this. The police by and large have no interest in pursuing these cases, they are NOT in the public interest, all they are bothered about is oiling the machinery of the insurance companies who will sort it all out on your behalf. I could not sleep, or eat. I genuinely thought I'd destroyed my life. I had not, and nor have you. Please don't worry. I know exactly how you feel. My thread on the subject was under another name, think it was notreadyforprison in Legal, will try and find to post.

Consider your hand held and a nice gently placed in your hands.

handcream · 09/09/2013 16:59

To lighten this up a bit. I was stopped many many years ago by a marked police car who said they had spotted me trying to fill up my scooter and making a bit of a mess of it. They followed me up the road and said they were just checking everything was OK.

I then arrived home and the two chaps were waiting outside my Mum's house (they had looked me up using the DVLA). They then asked me whether I would like to go to a party with one of them that weekend!!

At the time I was ironically going out with a police officer....

MrsDeVere · 09/09/2013 17:00

This reply has been deleted

Message withdrawn at poster's request.

KnotInTheStomach · 09/09/2013 17:04

God thanks TOBC. I'd love to read your thread. I'm terrified. Did you have go to court?

OP posts:

KnotInTheStomach · 09/09/2013 17:05

TCOB. Sorry.

OP posts:

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Yorkieaddict · 09/09/2013 17:06

Don't panic OP, its a standard form that is sent out in these type of situations. If you genuinely didn't know you'd been in an accident then you've done nothing wrong and its unlikely to go any further once the police have spoken to you and got your account. Have you checked your car for any damage?

TCOB · 09/09/2013 17:11

Nope. I didn't got to court - and I had made a real mess of a few things, not least of which was not yet having changed my address (itself something you can get a large fine for), hence I did not respond until after the allotted time for a response. My neighbour at the time was a police officer and he was consoling. I did all the paperwork, sent it back, then about a week later got a call saying thanks but we won't be following this up. My insurers were great, said they understood totally why I hadn't noticed and that the damage to the other vehicle was consistent with my report (i.e. verrry minor, it just happened to be the type of car where even a new tyre costs a fortune!) and now it's just a bad memory, as it will eventually be for you.

Looking for the wretched thread, but it's lost grrr! Will keep trying...

TCOB · 09/09/2013 17:15

www.mumsnet.com/Talk/legal_matters/a1544092-scared-out-of-my-mind-not-stopping-after-accident

I was a damn sight more culpable than you as you can see....!

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