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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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i have received a summons from regional manager mps traffic

Customer Question

i have received a summons from regional manager mps traffic and transport cju in relation to incident on 11 October. at the time office implied no reason to be concerned and follow up call with police requesting the report was informed if any offence I would know already however now have the summons for driving without due care and attention.
no one at seen saw the lady being hit by vechicle and insurer is defending the claim concluding lady fell off pavement however I am concerned as to what action take next
any help appreciated
Roisin Boyer
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

I want to know more details on next steps if I plead guilty and what to do if I plead not guilty.


The letter appears to have been delayed and I have been unable to speak to police or magistrates court, both were too busy to answer (on hold for 30 mins plus with police).
The details in the statement from lady and police contradict each other - is that relevant?


and the offence states I was driving on oldfield lane when I was stationary as I was parked on a drive unable to enter road as there was traffic in both directions.

Expert:  Jo C. replied 3 years ago.
What is the summons for?
Customer: replied 3 years ago.


dated 20 February to appear 1 april offence is


 


...driving without due care and attention. Contrary to section 3 of the road traffic act 10988 and sechedule 2 to the road traffic offenders act 1988

Expert:  Jo C. replied 3 years ago.
Thanks.

And what is your defence to that allegation?
Customer: replied 3 years ago.


I was stationary at the time. The road was busy and I wasn't moving as unable to enter the road as traffic coming in both directions


.

Expert:  Jo C. replied 3 years ago.
Thanks.

What are the particulars of the allegation?

What are they saying you actually did?

I'm just about to travel home so don't panic if I don't come back immediately.
Customer: replied 3 years ago.


Sure no problem


The summons says


on 11/10/2013 at Greenford drove a mechanically propelled vehicle, namely Volkswagen Passat LR05 DWC, on a road, namely Oldfield Lane, Greenford without due care and attention. then states act.


it then has facts section saying I drove on oldfield lane without due care and attention in that I reversed off a driveway and collided with a pedestrian causing injuries.


 


that's it from magistrates then notice from met police TCJ has witness statement from police officer who says he spoke to PS GADD, an offduty Police Sergenat who stated he had not seen what had happened but saw elderly female on the floor who appeared to have been hit by a vechile reversing.


Then to the lady who says I hit her and then to passer by sho says he saw lady on the floor


after that it says he spoke to me and I said I was stationary, made aware lady was being helped up, had been edging out and wasn't aware of hitting the lady.


 


There is a further statement from lady saying my car was parked adjacent to the footpath and I just reversed without due care and attendtion...it goes on with details of what happened implying she was badly hurt and she couldn't speak because she was in shock and continues for a page about what happened and her severe injuries as a result including arthritis and high blood pressure, bruising to neck, shoulder, arm, wrist, hip, back, foot, swollen leg and left side of body now being unable to walk without extreme pain - loss of confidence and frightened to walk on footpath ending by saying 'my life has been taken away from me.. (and) triggered onset of arthritis and ... depressed.


 


 


 

Expert:  Jo C. replied 3 years ago.
Ok.

So do you deny striking a pedestrain?
Customer: replied 3 years ago.


yes

Expert:  Jo C. replied 3 years ago.
Is there any reason she would lie about this? Sometimes people do lie but not usually about random strangers.
Customer: replied 3 years ago.


I cant answer that on her behalf. She could have fallen trying to avoid the car and believe it is still my fault that she fell. she was saying she needed a hip replacement and maybe she needs the money... but really I cant say if there is any reason


Is there any response you can give or guidance on what will happen if I plead guilty not guilty with the information I have already given and any advice on timescales I should be doing that with as I am very concerned with the delay the incorrect post code has caused already and penalties that may apply if I don't acknowledge, respond soon


 

Expert:  Jo C. replied 3 years ago.
Thank you.

On your account, you will have to plead not guilty as you do not accept any form of act that could amount to driving without due care and attention.

I imagine that she is probably saying that you either did strike her or that you reversed and there was a near miss causing her to be struck.

If I can be wholly honest, it's not the best defence. It is quite unlikely that the magistrates are going to say that she is a liar. Sometimes people do lie but not usually about people against whom they have no grievance.

You cow phone escape conviction by arguing that essentially it was an accident rather than an act of careless driving. They have to show that you're driving fell below the standard of the careful and experienced driver and that is not met in every case.

In terms of penalty, given the fact that there was a collision with a pedestrian to needed treatment they are probably going to be looking at 6 to 9 points and a fine or possibly a short ban but that is unlikely.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


ok can I check what 'you cow phone' should read or means and do you have any details of what the standard of the careful and experienced driver is.


Also do you think I need a lawyer to proceed with not guilty, any idea what costs of that would be?


And as before I want to know how to address the wrong postcode they have for me and what that delay in receiving the information might mean - am I too late to plead not guilty?

Expert:  Jo C. replied 3 years ago.
I'm sorry, that was a dictation error. It should have read “you can sometimes escape". What the competent and experienced driver means is a matter for the court is a question of fact.

Representation can only help but it does rack up cost. A barrister and public access will be much cheaper than a solicitor and will probably do the trial for around £500 plus VAT.

When are you due in court?
Customer: replied 3 years ago.


Date for guilty plead id 1 april, if pleading not guilty alternative date is to be set....


Is there any advice on timescales or the incorrect post code ?

Expert:  Jo C. replied 3 years ago.
I'm really sorry if I'm missing the point but I'm not sure what you think the relevance of the post code is? Or, in fact, timescales?
Customer: replied 3 years ago.


oh, the letter seemed to imply I had to respond within 7 days, have I got that right - its just that letter appears to have been delayed due to the postcode being incorrect


 

Expert:  Jo C. replied 3 years ago.
Oh I see.

I know that letter does give people that impression. There is no obligation to enter a plea by post. You can attend court and enter pleas.

If you want to put it in the post now though then that will be absolutely fine.

The only issue will be if the court don't get it in time and you don't attend court to plead. All that will happen then is that they will direct a not guilty plea and set it down for trial.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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