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

(40 Posts)
KnotInTheStomach Mon 09-Sep-13 16:10:54

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.

TCOB Mon 09-Sep-13 17:15:30

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....!

Cheerymum Mon 09-Sep-13 17:15:38

We got one of these forms from the police and we were sure we weren't there. An independent witness said we were. We completed the form truthfully and spoke to a police officer and our insurers. The police were friendly and kept us in the loop until they were able to confirm they were dropping it. The insurers tell us they are going to pay out on a without prejudice basis - I am actually annoyed about this, and at the moment it's showing as an open claim on our record, so to change insurers we'd have to declare it, but no criminal part to deal with at least.
Phone your police traffic division, and ask to speak to the officer assigned to your case. It sounds to me most likely that someone is trying something on. The police will most likely be friendly and reassuring, and this is probably related to an insurance claim (real or fraudulent) that is being made against your policy. Does your policy include legal cover? If so, phone for advice.

Billwoody Mon 09-Sep-13 17:29:05

I got one of these. I was about 22 at the time and I was scared witless until I realised that my car had been in the garage on the day in question. We thought it had maybe been a garage driver that had been involved while driving my car - however, it turned out that the police had sent out six similar letters; they had a partial plate and sent it to all local red cars with similar plates. My dad sent a very strong letter to the Chief Super accusing them of intimidating a young girl on no evidence - and they apologised!
Not relevant in your case though as you were obviously there. The flashing is interesting - it could have been the driver who has now gone through his insurance co?

KnotInTheStomach Mon 09-Sep-13 17:31:52

Thanks so much TCOB. Very reassuring. It's SO helpful to know someone else has come through it alive and sane!
Cheerymum that is so galling. Some of these insurance companies behave disgracefully. They shouldn't be allowed to terrify people like this.

Off to read TCOB's thread.

DreadLock Mon 09-Sep-13 17:37:58

OP I would not disclose that you were on your way back from a hyno session.

DreadLock Mon 09-Sep-13 17:38:41

hypno

KnotInTheStomach Mon 09-Sep-13 17:44:17

Thanks again TCOB. I've read the thread and I feel so much calmer. If I had really hit another car or caused any serious damage I would most definitely have felt it wouldn't I?

I didn't even have the radio on as its broken.

KnotInTheStomach Mon 09-Sep-13 17:56:14

Good point dread. Ill only say this if they ask.

TCOB Mon 09-Sep-13 18:03:15

Well, I wouldn't say that I am sane but certainly not madder than before grin . Keep us posted; the support on here meant a lot to me and I'm pleased it's helping you too!

OhDearNigel Mon 09-Sep-13 22:48:25

they dont mean failing to stop for the police. with the other charges, this means failing to stop at the scene of an accident.

it is a legal requirement for us to give a NIp when dealing wtih these sorts of thing. the file is probably being dealt with by the central ticket bureau who send you a standard letter asking you to give an account of events. the notice of intended prosecution basically means "we are considering prosecuting you so be careful what you say". its essentially a caution in letter form iyswim.

once they have your response they will decide whether it is in the public interest to take you to court.

OhDearNigel Mon 09-Sep-13 22:52:00

and Op, you havent been charged. they are simply investigating an allegation. unfortunately most people panic when cautioned and think "thats it, im off to prison !!" when actually it is a legal requirement for us when asking anyone for an account of events which may eventually lead to them being prosecuted.

i know its very easy for me to say but please try not to worry. its just an investigation at this stage.

OhDearNigel Mon 09-Sep-13 22:54:20

and please sent the forms back. failing to declare the driver information will get you into trouble whether you have done something or not

KnotInTheStomach Wed 11-Sep-13 00:09:18

Thanks OhDearNigel. I sent the forms back sharp ish because I didn't open them for a while as they were addressed to my dh (who's named as car owner) and he was away. So already there was a delay but I got the form in within the stated 28 days.

I'm still quite scared about this but nothing like the abject terror I was feeling before. That's thanks to Mumsnet.

KnotInTheStomach Fri 13-Sep-13 16:58:51

Just like you said, TCOB. I've had another letter saying they're not going to proceed with this.

Damn that was scary! I'm relieved but a bit pissed off to have been put through it for nothing.

Thanks again for your help. You talked me down nicely.

lougle Fri 13-Sep-13 23:06:41

Not quite the same thing, but when I was around 16 I was having a lift home after a games night at a friend's house. A police car pulled us over and asked us why we'd thrown our chip paper out of the window. We hadn't had any chips confused.

We ended up having quite a strident exchange and the policewoman and policeman insisted that they had seen us do it.

Eventually I asked them if they could smell chips in our car at all. They sniffed and said no grin

It turned out that we had joined the carriageway and sucked a chip wrapper under the car from the bank. The policewoman had seen it float out the other side and assumed we'd chucked it out the window.

Totally irrelevant but there you go wink

Glad it's all sorted for you.

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