PLEASE HELP WITH ADVICE - taken to court

Quentin

BigTrouble wrote: »

Still, many insurers (especially price comparison web-sites) ask to mention all claims - they don't ask to mention all accidents.

Which is why I want to be certain as to what to do if it remains an accident with no claim attached. I understand that at this point I have to declare it as an unsettled claim.

When asked to declare "claims", you will find that the full definition of this is something like "claims or any incidents that could to lead to a loss or claim".

Yorkie1

kwaks wrote: »

Police do not prosecute. CPS (or PF in Scotland ) do. Police responsibility is to investigate.

Just to clear this point up.

You are right that the police don't prosecute. However, as well as investigating, the police have the responsibility to charge / summons.

For Careless Driving the s.12 MCA 1980 procedure is generally adopted. Under this procedure the CPS has no locus standi - therefore legally cannot and does not prosecute - unless and until a not guilty plea is entered.

Only at that point does the CPS take over the prosecution. Or, if s.12 MCA 1980 is not used, then the CPS role commences at first hearing.

CPS are not involved in charging for careless driving (as a general rule).

BigTrouble_2

Yorkie1 wrote: »

Just to clear this point up.

You are right that the police don't prosecute. However, as well as investigating, the police have the responsibility to charge / summons.

For Careless Driving the s.12 MCA 1980 procedure is generally adopted. Under this procedure the CPS has no locus standi - therefore legally cannot and does not prosecute - unless and until a not guilty plea is entered.

Only at that point does the CPS take over the prosecution. Or, if s.12 MCA 1980 is not used, then the CPS role commences at first hearing.

CPS are not involved in charging for careless driving (as a general rule).

Should I be worried that I can be charged with something more serious then? For now, the charge is driving without due care and attention.

Yorkie1

BigTrouble wrote: »

Should I be worried that I can be charged with something more serious then? For now, the charge is driving without due care and attention.

In a very unlikely scenario, it's theoretically possible once the CPS gets its hands on the file.

But there are charging standards which the police and CPS apply to determine the correct charge from the outset so I really wouldn't worry about this. If the police had had any doubts about the correct level of charge they'd have gone to CPS for charging advice first.

I think you said you've decided to plead not guilty? In that case, the case will simply be adjourned on the first hearing date for all the evidence to be obtained / served on you, and a trial date fixed.

Your insurers should appoint a solicitor to represent you if they haven't done so already, I should think (can't remember if this has come up on the thread previously).

vaio

and it could well be that the police charge expecting 75% guilty pleas by post whereas now your pleading not guilty, so the bug gers actually have to do some work and prove the case rather than just sitting back and waiting for the cheques to arrive, you might well find that the CPS will discontinue the case.

neilmcl

My take on this would be that you probably should have been aware of the possibility of a child running out on the road given that it was outside a school at closing time with lots of parked cars etc, and perhaps even 15mph-20mph could well be seen as excessive given the circumstance.

BigTrouble_2

Yorkie1 wrote: »

In a very unlikely scenario, it's theoretically possible once the CPS gets its hands on the file.

But there are charging standards which the police and CPS apply to determine the correct charge from the outset so I really wouldn't worry about this. If the police had had any doubts about the correct level of charge they'd have gone to CPS for charging advice first.

I think you said you've decided to plead not guilty? In that case, the case will simply be adjourned on the first hearing date for all the evidence to be obtained / served on you, and a trial date fixed.

Your insurers should appoint a solicitor to represent you if they haven't done so already, I should think (can't remember if this has come up on the thread previously).

Yes, I have been given a hearing date.

As for the insurers, they are not appointing anyone to represent me. I asked them right after I received the court summons two months ago if they will pay my legal fees or give me representation. They said no. So I instructed a solicitor at my own expense and am also paying a barrister to fight my case at the hearing.

Why are you saying that they "should"? (didn't seem like an option for in my case unfortunately).

BigTrouble_2

neilmcl wrote: »

My take on this would be that you probably should have been aware of the possibility of a child running out on the road given that it was outside a school at closing time with lots of parked cars etc, and perhaps even 15mph-20mph could well be seen as excessive given the circumstance.

The other witness said that my speed was 10-15 mph. I was on the road and I was moving. I knew that children could run out - that's why I was prepared to react as soon as he rushed forward. But because he was too close there was nothing more I could do. He was standing still on the pavement until after I approached him - I have no idea why he chose to run in front of me at that particular point.

Since I was at 15mph at most then he had to be too close to me at the time of the running out (i.e. should have known being 12 that you don't run out in front of a moving car) - otherwise either him or I would have had time to stop. He also had to run (i.e. not walk) - because otherwise, again, either him or I would have had time to stop to avoid the collision.

I really don't think I have to take all (or any) the blame here.

BigTrouble_2

vaio wrote: »

and it could well be that the police charge expecting 75% guilty pleas by post whereas now your pleading not guilty, so the bug gers actually have to do some work and prove the case rather than just sitting back and waiting for the cheques to arrive, you might well find that the CPS will discontinue the case.

I hoped so! My solicitor did contact them asking to withdraw the charge first (based on my detailed statement - because the statement I gave to the police right after the accident was very short - they didn't ask me any further). It was declined and then he asked to replace the charge with a Driver Improvement course which was again declined. Then I had to enter a plea and pleaded not guilty.

BethanyD

BigTrouble wrote: »

I hoped so! My solicitor did contact them asking to withdraw the charge first (based on my detailed statement - because the statement I gave to the police right after the accident was very short - they didn't ask me any further). It was declined and then he asked to replace the charge with a Driver Improvement course which was again declined. Then I had to enter a plea and pleaded not guilty.

Have you looked at cib-uk.com

Pretty extensive information