Summoned to court for scratching a car!

VeryTrying_2

hollydays wrote:

One would have thought a PC would have been sent-and as i guess the car park may have been private i thought this would have been a civil matter.

I was wondering the same. What has the Road Traffic Act got to do with a supermarket carpark?

Unless of course the damaged car belonged to a member of the police and they are sticking together to make sure somebody pays?

hollie.weimeraner

VeryTrying wrote:

I was wondering the same. What has the Road Traffic Act got to do with a supermarket carpark?quote]
A Supermarket car park is a public place whilst the supermarket is open therefore its covered by the provisions of the road traffic act.

Bossyboots

VeryTrying wrote:

I was wondering the same. What has the Road Traffic Act got to do with a supermarket carpark?

Unless of course the damaged car belonged to a member of the police and they are sticking together to make sure somebody pays?

Supermarket car parks are classed as public roads for the purposes of the Road Traffic Act.

Help Please - you will have been asked to bring a payment method to Court but that doesn't mean you will be expected to use it. The Magistrates can defer payment until, say, the end of the month and make a payment order for future amounts/days.

I cannot fathom why a DI would have called at your property. As said, it would have been a PC at the most and even then I wouldn't have expected them to come to your house. Were you cautioned? I suspect that interview may be invalid and therefore not admissible. That interview, if admissible, is probably the only evidence they have against you.

You need to seek proper legal advice about this one if you want to contest it and from what you are saying, it does seem likely that you didn't scratch the other car. If there is a witness who has given a statement, then you may have a problem although they could of course be lying. This business of a DI calling at your house simply does not ring true and if it were me, I would be wanting answers to a few questions.

1. Who reported the "accident" and to whom in the first instance
2. Who informed the police
3. Why did any police office call at the house, particularly a DI
4. Is this person really a DI/Police officer

Turning_into_scrooge

Bossyboots wrote:

1. Who reported the "accident" and to whom in the first instance
2. Who informed the police
3. Why did any police office call at the house, particularly a DI
4. Is this person really a DI/Police officer

Good point BB and no DI's do not do this kind of work unless you hit the prime minister of course then it would be someone high up. Maybe someone is trying to make you the scapegoat for a Small accident they don't want to admit to at home. To the other posters that have had damage caused to their cars i have too and recently someone has booted the side of my car in which is going to cost just short of £1000 to put right and all because its motabillity.

damo101

any idea who owns the car? could be a PC or DI (or a friend of them) - seems strange to have a DI around unless they have a vested interest.

Crabman

A nutcase (who looked scaringly similar to jasper carrott) reversed into our car in a council car park - I phoned police but they wouldn't come out as it was a "private matter" - I would suggest you complain to your local police station with the number and name of the person who came to see you because they clearly aren't doing their job properly.

Thenotsowyzewun

Hi Crabman, the officer who told you that that was a private matter was wrong, unless that was a private council staff carpark - any road open to the public, or property situated on land adjacent to it is subject to the Road Traffic Acts (hopefully you'll be able to do something about that now?).

Help_Please_7

Hi everyone,

I've talked to a lawyer now through legal aid, and although you can't get legal aid for traffic offenses in court (only advice beforehand) I've decided to pay them to sort it out for me (they've told me I've nothing to worry about, and that I just have to tell them I didn't know the accident had occured). Not sure how much they charge yet though.

Bossyboots

Help_Please wrote:

Hi everyone,

I've talked to a lawyer now through legal aid, and although you can't get legal aid for traffic offenses in court (only advice beforehand) I've decided to pay them to sort it out for me (they've told me I've nothing to worry about, and that I just have to tell them I didn't know the accident had occured). Not sure how much they charge yet though.

They HAVE to give you a quote for this. That is one of the rules of the Law Society. You should receive a letter from them in a few days setting out their terms of business and telling you how much they expect it to cost. I'm surprised they have seen you on a legal aid basis. Free standing advice and assistance was withdrawn some time ago. Did you actually sign any forms?

Also, if you have a defence to this, in that you do not believe the accident happened you stand a good chance of obtaining legal aid even though it is a traffic offence. To defend yourself you would need to examine the evidence against you and then cross examine the witnesses, one of whom may or may not be a police officer. There are also grounds for investigation into whether or not that was a police officer that came to your house and if it was, why someone of that rank undertook that task. This is not something you as a layman should be expected to undertake. I would have expected your solicitors to put in a legal aid application making all those points and I would be very surprised if it was not granted.

hollydays

glad youve got a lawyer now.Let us all know how you get on.The Police contact with you does appear irregular,dont forget to pass on the concerns that it was a DI who called,to your lawyer.