Driving without due care and attention!

[mjb]

So we've just received a notice of intended prosecution for:

Driving without due care and attention
Driving without reasonable consideration

T'was the wife in a car park last month. She got blocked in and struggled to get out. She doesn't think she even touched it, but these are serious charges with serious consequences (3-9 points each, nasty insurance hit on someone with <1yr experience and no NCB). Anyone got suggestions as to what we should do?

Yeah, I guess replacing the money pit is off the menu for now

[scotty73]

What she hit? or not hit in her eyes?

[mjb]

"A big black car"

[Welly]

You need to ask for more evidence surely? CCTV, Pics, witnesses? how do they know what happened?

I guess the claimants insurer is trying to find someone else's insurer to pay for the suspected damage.

Ultimately, if she was at fault but genuinely didn't realise she'd done anything wrong then the insurance will still deal with the claim and you may be able to agree to a 'slap on the wrist' as far as the offenses go and attend an awareness course or some such?

I would say to ask for proof first, someone else might have hit the thing that day too?

[Doggy]

Can you be prosecuted for these 'offences' if you're not on a public road?

I don't know, but I doubt it - if you're in the AA or similar, ask their advice, or maybe citizens advice, DVLA........

[mjb]

Can you be prosecuted for these 'offences' if you're not on a public road?

Yes.

You need to ask for more evidence surely? CCTV, Pics, witnesses? how do they know what happened?

We don't even know if anything DID happen!!!

[Welly]

I wonder if they're trying to pressurise you into admitting liability? and as I said who knows if the other car wasn't already damaged?

If someone had CCTV of her bumping another car (and would a car park keep footage after 7 days?) they would be able to see themselves that she wouldn't have reasonably been aware of a problem - unless they've got footage of her getting out, looking, and then burning off in a cloud of tyre smoke

I'm amazed they seem to be pursuing this as it could only be a superficial scrape at best? and if she was 'blocked in' surely that's the others' fault for leaving there car in such a manner?

[DaiRees]

This seems very odd! So there's obviously no evidence of any damage to the wife's motor?

I know it's easy to say when it's not my bits on the chopping block but I'd be tempted to deny all knowledge. Write back saying "sorry I have no idea what you're on about, I haven't been involved in any collisions, please could you provide me with further evidence of what I'm alleged to have done?"

[mjb]

This seems very odd! So there's obviously no evidence of any damage to the wife's motor?

It's a 12 year old car... scratches all over it (used to be highways agency car, and they obviously worked it hard)

[Busman]

I'd reply saying you have no knowledge of this alledged incident and please can they supply more information.

[grasmere59]

I didn't think anything could be done if it was in a car park,a while back an old lady rammed my x's car and 2 others,we contacted the police and they said they did not want to know as it was off the public road unless someone was injured,we had to pursue it through the small claims court to get it sorted.I would have thought the police would have had to have been there to issue a ticket for the offences.Sounds like scaremongering to me.

[lozz]

As already Mentioned above:

Ask for What Evidence there is,

Dont Admit to Anything,

Iwouid Seek the Advice of a Solicitor,


(quote: So we've just received a notice of intended prosecution for: was that from the police?

[gumby6371]

Sounds a bit like one of those 'send the letter out, if they pay/admit liablility fleece them if they deny/ignore it then we'll forget about it' letters. I had a similar thing when I allegedly overstayed the free parking time at my local retail park, pay £100 now or we'll take you to court and fine you £450. I did a little google research and promptly promptly binned the letter and the next 2 that landed on the mat, heard absolutely nothing else about it and that was a year ago.
They have to have proof of who was driving, what happened and of any damage incurred. From what you've said they haven't actually stated any other vehicle was damaged.
Unless the letter came from John Q Law i'd file it in the recycling box, but that's just me.

If;
Driving without due care and attention
Driving without reasonable consideration
warranted private prosecution I'd have taken 10 people to court on my 3 mile trip to work this morning!

[lozz]

My mother n law..reversed her car into someones car
a few year back, she was doing no more than 2mph.

she gave the owner of the car her details.
about six months later.. they where claiming for Whiplash and claiming the car was a Write off. the guy even had the cheek to go to the Mother n laws house trying to get her to hand over a few grand,and hed stop the claim,

My father n law Marched him down the path,
it got me how a nissan micra couid write a honda accord off at 2mph or less, she didnt hear from him after that, obviously a scam!
Women are easy prey for these feckers,

its always best to have a disposable camera in the Glove box
atleast then if something gets pranged you can take aphoto of the damage caused.. atleast then if they run a forklift truck into it (Doctor it)
you can back your self up with the photos,

[DaiRees]

its always best to have a disposable camera in the Glove box
atleast then if something gets pranged you can take aphoto of the damage caused.. atleast then if they run a forklift truck into it (Doctor it)
you can back your self up with the photos,

This is where camera phones come in handy, I wish my Mrs would carry hers! The number of times I've tried to ring her and the phones sat on it's charger in the kitchen!!

She had a very small bump several years ago in her 206, reversed (very gently) into a large bread van outside a local shop. Next thing we know we were coughing up for a new bumper for this van as it had "completely cracked right through" and was "hanging dangerously loose" yet there wasn't a mark on the 206. Didn't really have a leg to stand on 'cos she shouldn't have been there in the first place (a no vehicles "except for access" road), had admitted liability at the time and didn't have any kind of evidence either way. The bloke from the bakery threatened to go to the insurance if we didn't pay for the bumper, it was less that a couple of hundred quid so less than the excess. I told him I wanted to come and see the damage, wanted to see the receipt for the parts I'd payed for etc but he just kept saying that he was doing us a favour by getting it fixed in the bakery's own garage and only charging for the cost of the replacement bumper, and if we wanted to be funny about it he'd contact the insurance company. It was pretty obvious that the van was damaged at another time, either before or after this incident, and I have my doubts that they ever bothered to repair it, probably still got a cracked bumper to this day, but what can you do eh? There are some unscrupulous bastards in this world and now and again people get stung.

In your case though Matt, either ignore it or call their bluff