Called to magistrates court re. my car being hit from behind

[MrsDP]

I was hit from behind by a van a few months back. I pulled over, and as did he. The guy stepped out of the van and was being very aggressive towards me and so i gave up asking for his details and just left. His van was damaged mostly all around from where i could see (i didn't see the back of it). In my rush and frustration i neglected to get the licence plate - mistake 1. I just thought that the damage was mainly to my car, and obviously it was his fault and he didn't want to pay. I didn't think it was worth getting into an argument about with someone who obviously was not going to be reasonable.

A couple of weeks after I had a visit from a police officer asking about it all and wanted to take a statement from me. When we got to the station i explained what had happened and asked him why I had to give a statement. He told me that the van driver had come in to log the accident and told them that I was at fault and that he had a witness. I explained that the damage is on the back of my car as i was hit from behind, and that there was one man in the van when it happened, no one else came to the side of the road when he came out shouting etc... The Police officer said that not reporting the accident is a crime. He understood that it wasn't my intention not to report it but just that i didn't know i could. I didn't think anyone could help with things like that, no one was injured or there wasn't anything to report like an emergency, now I know that i was wrong to think like that - mistake 2. He said not to worry about it and that they are just following procedure and I may hear back but I may not hear any more.

 

I suppose I want to ask if there is anything really to be concerned about here. I have just received a date to go to the magistrates court. I have contacted a solicitor for advice and am awaiting a appointment date and time, I don't know whether i just need to take advice or if i need a lawyer to go with me. Also in the months that have passed I have fixed the back bumper of my car (before the letter came through) as the parking sensors were not working right. I took a number of pictures of the damage on my phone a few days after my car was hit and still have those.

 

Is there anything i should do or think about doing? Sorry i know I sound clueless, I don't really have anyone to ask and have only been driving for 2-3years. It says on the letter that I may get points, a fine and even a ban. I just don't see how someone can lie so much and take it this far via the police, and now to magistrates court. Any help or advice will be appreciated. Thanks.

[T.C.]

Unfortunately, failing to stop and report an accident (which covers the whole process) is absolute, and in your case it is the fact that you failed to report the accident to the Police as soon as practicable but in any case within 24 hours that is causing the problem.

 

If you have not yet received a summons through the post, then hold fire and see what develops. The CPS must lay information before the courts within 6 months of the alleged offence otherwise it becomes time barred and struck out, and therefore nothing more to worry about.

 

If you receive or have already been summonsed, then you have 2 or 3 options.

 

You can instruct your own solicitor, but obviously there will be costs involved, however he/she will have time to study the case papers and prepare a suitable defence depending on how you intend to plead.

 

Or

 

You can use the services of the duty solicitor at the court, however you will be one of a number of people he/she will be assisting and so will not have that much time to review your case and prepare an appropriate defence.

 

Or

 

You could represent yourself, and use the circumstances for your failure to report as your mitigation, which will carry some weight weight with the court, but it would depend on how confident you would be addressing the magistrates.

 

It is also worth looking at your breakdown insurance, motor insurance or even home insurance because if you have legal expenses insurance, that may well cover you being able to instruct a solicitor through one of those policies, as unfortunately you would not be able to get legal aid

[MrsDP]

Hi T.C. ,

 

Thank you very much for your reply and advice.

 

If you have not yet received a summons through the post, then hold fire and see what develops. The CPS must lay information before the courts within 6 months of the alleged offence otherwise it becomes time barred and struck out, and therefore nothing more to worry about.

 

The incident happened on the 26th of January 2012 and the magistrates court date is for the 9th of August. Does this now mean that the time in which this can be taken to court has passed?

 

I have received the summons letter (dated 2nd July 2012, though for some reason I only received it last week), and have contacted a lawyer for advice - I spoke to his secretary today about representation after reading your message and they have moved my appointment for initial telephone advice forward. I have also got in touch with my insurance after contacting the police officer today, as I now have all the details for the van driver including licence plate, insurance etc, the relevant department will contact me tomorrow now from my insurance company.

 

Thanks, again.

[T.C.]

 

The incident happened on the 26th of January 2012 and the magistrates court date is for the 9th of August. Does this now mean that the time in which this can be taken to court has passed?

 

 

Unfortunately No. Providing the information is laid before Magistrates within the 6 months (in affect advise the court of a pending prosecution) the summonses can still be issued up to several months after the information has been laid and still be legal.

 

It is not uncommon for cases to appear in the court up to 12 months after the alleged offence, and whilst the CPS do have their faults, it is very rare for them not to comply with procedural issues.

 

Speak to your solicitor, hopefully he/she will be able to help you.

[MrsDP]

Unfortunately No. Providing the information is laid before ...

 

Speak to your solicitor, hopefully he/she will be able to help you.

 

Hi T.C. ,

 

Thank you for clarifying and the advice. I really appreciate it. Now I will just have to wait to speak to my solicitor.

 

Thanks, again.