'Considered for prosecution' letter ???
Discussion
Hi
I drive a company car as well as my weekend toys and today my employer received a letter from the police which said 'considered for prosecution' for an alledged offence of careless and inconsiderate driving that happened on 15th January 2007.
Although i can not remember back that far my employer has entered my details to progress the situation as i was probably driving at the time unless my girlfriend was driving that day.
First of all, i have no recollection of anything so am struggling to work this out . However the place and time of the alledged offence are feasible so it has got me worried.
Anyone ever had one of these notices 'considered for prosecution' before and know what it means. Dont understand why it isnt a 'notice of intended prosecution' if i have done something wrong.
Its not the same as a 'notice of intended prosecution' and so i was wandering how i stand as this is now 6 weeks on from an alledged offence. I undersatnd that a notice of intended prosecution has to be issued within 14 days so is it the same for this.
It has me worried, especially as i cant recall anything and no-one seems to have seen anything like this before.
Wahts the diff between a NIP and this 'considered for prosecution' and where doe it stem from
Is it a camera/video unmarked police car or could it just be a member of the public ?
Im thinking that it would have just been a NIP if they had evidence to support it or am i wrong and likely to get convicted of something i cant even remember.
Any help appreciated.
Andy
I drive a company car as well as my weekend toys and today my employer received a letter from the police which said 'considered for prosecution' for an alledged offence of careless and inconsiderate driving that happened on 15th January 2007.
Although i can not remember back that far my employer has entered my details to progress the situation as i was probably driving at the time unless my girlfriend was driving that day.
First of all, i have no recollection of anything so am struggling to work this out . However the place and time of the alledged offence are feasible so it has got me worried.
Anyone ever had one of these notices 'considered for prosecution' before and know what it means. Dont understand why it isnt a 'notice of intended prosecution' if i have done something wrong.
Its not the same as a 'notice of intended prosecution' and so i was wandering how i stand as this is now 6 weeks on from an alledged offence. I undersatnd that a notice of intended prosecution has to be issued within 14 days so is it the same for this.
It has me worried, especially as i cant recall anything and no-one seems to have seen anything like this before.
Wahts the diff between a NIP and this 'considered for prosecution' and where doe it stem from
Is it a camera/video unmarked police car or could it just be a member of the public ?
Im thinking that it would have just been a NIP if they had evidence to support it or am i wrong and likely to get convicted of something i cant even remember.
Any help appreciated.
Andy
I would assume someone has made a complaint against or reported the driver of the car for some or other misdemeanor in their eyes. The fact it's being condidered probably means there were no other witnesses, in which case not much will happen.
Quite often the Numpties will report enthusiastic drivers for simply overtaking safely, add in some hogwash & hope you get done.
Quite often the Numpties will report enthusiastic drivers for simply overtaking safely, add in some hogwash & hope you get done.
Thanks for the response.
Hopefully this is the case. I just thought that the letter was a bit strong clearly indicating that i was being considered for prosecution for a named offence without even being interviewed first.
Surely it should have requested the drivers details for an alledged incident without proposing an offence but perhaps im wrong.
Perhaps they send these out because its a company registered car and so cant contact the driver directly.
Do you think i will now be contacted then to give my side of the alledged offence ? although i cant say i remember any incident so dont really know what i can offer.
Anyone else actually been on the receiving end of such a notice?
Thanks
Andy
Hopefully this is the case. I just thought that the letter was a bit strong clearly indicating that i was being considered for prosecution for a named offence without even being interviewed first.
Surely it should have requested the drivers details for an alledged incident without proposing an offence but perhaps im wrong.
Perhaps they send these out because its a company registered car and so cant contact the driver directly.
Do you think i will now be contacted then to give my side of the alledged offence ? although i cant say i remember any incident so dont really know what i can offer.
Anyone else actually been on the receiving end of such a notice?
Thanks
Andy
Hi
I have done a bit of research and am i right in thinking that to be prosecuted for careless or incosiderate driving than a NIP has to be issued within 14 days of the offence ?
I understand that this requirement is to the registered keeperand not the driver.
Am i right in saying that although the police are allowed longer for company/lease vehicles the initial NIP must be issued to the registered keeper within 14 days (ie the company/lease company).
My car is company owned and registered, and the first notification the company has received was today ( 45 days after the alleged offence) and it isnt a NIP, its a 'Consideration for prosecution' notice.
Surely its too late now to issue a NIP in any event ??
Can anyone confirm and put my mind to rest ? please please please
Thanks
Andy
I have done a bit of research and am i right in thinking that to be prosecuted for careless or incosiderate driving than a NIP has to be issued within 14 days of the offence ?
I understand that this requirement is to the registered keeperand not the driver.
Am i right in saying that although the police are allowed longer for company/lease vehicles the initial NIP must be issued to the registered keeper within 14 days (ie the company/lease company).
My car is company owned and registered, and the first notification the company has received was today ( 45 days after the alleged offence) and it isnt a NIP, its a 'Consideration for prosecution' notice.
Surely its too late now to issue a NIP in any event ??
Can anyone confirm and put my mind to rest ? please please please
Thanks
Andy
Hallo. I never receive any notices as am quite a good little cat really und fully COAST trained ;}
COAST mean Concentrate, Observe, Anticipate und plan by allowing Space und Time based on the aforementioned observation und anticipation of all hazards .. including speed cams
I think best place to get answer to your question will be on the "pepipoo" site.
I think 45 days ist rather a long time to notify you. Does it say where this "careless whatever" occurred? Or any mention of the allegation? Or ask you to elucidate on matter in interview anywhere?
Do you keep a log of your business trips in this car.. diary appointments.. if you were with client or in office.. will someone be able to verify this? Also your girlfriend ... can she prove whereabouts at time of this allegation? Or shed any light on how driving might have affected the other road user.
One thing my Papa, COAST und Advanced Training taught me was to evaluate each drive on parking up aftrerwards. If I could not remember driving down a road.. this would mean I did on "auto-pilot.. lizard brain und perhaps not actively concentrating.. but sub-conscious was probably ready to ping me alert to danger if hazard establish.. (Ist maybe not worded correctly.. as am hopeless at English at times 
.. but I try to say that even when "not on full alert mode" . we do have that basic instinct within sub-conscious which ist our "survival mode" 95-99% of the time. If an upset, preoccupation.. or Handy thingy 
distract.. then this ist when this safety mechanism within us .. can fail us completely.
But when you evaluate each drive .. get into habit of just thinking about the drive as a routine.. und think how whatever you did might have affected the other road user.. constructively.. then this focus mind on any shortfall und you can then reflect on how to improve if in similar situation again.
But 45 day later.. you are not going to remember unless you had a serious Stinkfinger or coffee bean or more than a tootle of the horn..
I would ask on the pepipoo site.. www.pepipoo.org (or com.. whatever) for advice re this "consideration" letter .. und then decide if you need a solicitor to advise you more thereafter.
COAST mean Concentrate, Observe, Anticipate und plan by allowing Space und Time based on the aforementioned observation und anticipation of all hazards .. including speed cams
I think best place to get answer to your question will be on the "pepipoo" site.
I think 45 days ist rather a long time to notify you. Does it say where this "careless whatever" occurred? Or any mention of the allegation? Or ask you to elucidate on matter in interview anywhere?
Do you keep a log of your business trips in this car.. diary appointments.. if you were with client or in office.. will someone be able to verify this? Also your girlfriend ... can she prove whereabouts at time of this allegation? Or shed any light on how driving might have affected the other road user.
One thing my Papa, COAST und Advanced Training taught me was to evaluate each drive on parking up aftrerwards. If I could not remember driving down a road.. this would mean I did on "auto-pilot.. lizard brain und perhaps not actively concentrating.. but sub-conscious was probably ready to ping me alert to danger if hazard establish.. (Ist maybe not worded correctly.. as am hopeless at English at times
.. but I try to say that even when "not on full alert mode" . we do have that basic instinct within sub-conscious which ist our "survival mode" 95-99% of the time. If an upset, preoccupation.. or Handy thingy distract.. then this ist when this safety mechanism within us .. can fail us completely. But when you evaluate each drive .. get into habit of just thinking about the drive as a routine.. und think how whatever you did might have affected the other road user.. constructively.. then this focus mind on any shortfall und you can then reflect on how to improve if in similar situation again.
But 45 day later.. you are not going to remember unless you had a serious Stinkfinger or coffee bean or more than a tootle of the horn..
I would ask on the pepipoo site.. www.pepipoo.org (or com.. whatever
) for advice re this "consideration" letter .. und then decide if you need a solicitor to advise you more thereafter. Thanks I take on board what you say.
It is a strange one. The time and location are mentioned and at that time either myself or my girlfriend were driving as it correlates to driving in to work from home and i wasnt travelling with work that day.
Surely though a NIP should have been issued to the registered keeper within 14 days ?
It is a strange one. The time and location are mentioned and at that time either myself or my girlfriend were driving as it correlates to driving in to work from home and i wasnt travelling with work that day.
Surely though a NIP should have been issued to the registered keeper within 14 days ?
Andy
The possible scenario is this.
As stated, it looks as if someone has reported an incident of bad driving involving a car, the Reg No of which has been recorded. From this Police have enquired of DVLA and come up with the fact that this number has been registered to your Company.
On receipt of the complaint Plod has to serve NOIP within 14 days OF THE OFFENCE (ignoring the day of the offence)on the driver, if known. If not then NOIP has to be sent to Reg keeper by Reg, Rec Del or First class post. If not so served then they cannot proceed. But, there is a proviso that if Plod has shown due diligence and been fed duff information (veh ownership change, new reg. etc) then they can go outside the time limit.
The date you mention seems to put NOIP well out of time scale but confirm Company at the Reg Keepers and not a Leasing Company whp may be so shown and may have had the forms in time and named your Company.
With the NOIP to the Company will have come a request under Section 172 RTA 88 to name the driver on the day of the incident. Failure to do so offence. They have named you.
The fact that NOIP has been served does not automatically mean prosecution. Normal for Plod to interview (under caution) the alleged driver to get his story and no doubt will outline the substance of the complaint which may jolt the memory.
On a one to one to one basis, for obvious reasons Crown Prosecution do not authorise prosecution but their decesion may be changed if complainant comes up with a number of witnesses some who may be independent (bad news).
I ignore the fact that the complainant may have recorded an incorrect number which may come out at interview.
dvd
The possible scenario is this.
As stated, it looks as if someone has reported an incident of bad driving involving a car, the Reg No of which has been recorded. From this Police have enquired of DVLA and come up with the fact that this number has been registered to your Company.
On receipt of the complaint Plod has to serve NOIP within 14 days OF THE OFFENCE (ignoring the day of the offence)on the driver, if known. If not then NOIP has to be sent to Reg keeper by Reg, Rec Del or First class post. If not so served then they cannot proceed. But, there is a proviso that if Plod has shown due diligence and been fed duff information (veh ownership change, new reg. etc) then they can go outside the time limit.
The date you mention seems to put NOIP well out of time scale but confirm Company at the Reg Keepers and not a Leasing Company whp may be so shown and may have had the forms in time and named your Company.
With the NOIP to the Company will have come a request under Section 172 RTA 88 to name the driver on the day of the incident. Failure to do so offence. They have named you.
The fact that NOIP has been served does not automatically mean prosecution. Normal for Plod to interview (under caution) the alleged driver to get his story and no doubt will outline the substance of the complaint which may jolt the memory.
On a one to one to one basis, for obvious reasons Crown Prosecution do not authorise prosecution but their decesion may be changed if complainant comes up with a number of witnesses some who may be independent (bad news).
I ignore the fact that the complainant may have recorded an incorrect number which may come out at interview.
dvd
Hi
Thanks for the reply.
The car is not leased and is registered to my companuy with no change of ownership or anything and was registered brand new to the company in july 06.
I have had a speeding fixed penaly in the past for this car and it came within 4 days of offence so dont see a problem.
The letter does ask to identify the driver under section 172 and says:
'Consideration is being given to prosecuting you/the driver for the alleged offence of careless and incosiderate driving etc'
It is dated 26th February 2007 and was received by my company on 1st March 2007 (i work with the Central Treasurer so he informed me on the day it arrived). Nothing previous has been received.
The date of offence is stated as 15th January 2007 making 42 days from the date of offence to the issue date of this notice.
Surely there can be no reason to argue such a delay.
Also does this notice qualify as a NIP as it only says 'consideration is being given' and not 'notice of intended prosecution'.
Something seems very amiss here and as i cant recall anything back to January 15th I would rather get this matter resolved with an 'out of time' plea.
Any further help and guidance appreciated.
Andy
Thanks for the reply.
The car is not leased and is registered to my companuy with no change of ownership or anything and was registered brand new to the company in july 06.
I have had a speeding fixed penaly in the past for this car and it came within 4 days of offence so dont see a problem.
The letter does ask to identify the driver under section 172 and says:
'Consideration is being given to prosecuting you/the driver for the alleged offence of careless and incosiderate driving etc'
It is dated 26th February 2007 and was received by my company on 1st March 2007 (i work with the Central Treasurer so he informed me on the day it arrived). Nothing previous has been received.
The date of offence is stated as 15th January 2007 making 42 days from the date of offence to the issue date of this notice.
Surely there can be no reason to argue such a delay.
Also does this notice qualify as a NIP as it only says 'consideration is being given' and not 'notice of intended prosecution'.
Something seems very amiss here and as i cant recall anything back to January 15th I would rather get this matter resolved with an 'out of time' plea.
Any further help and guidance appreciated.
Andy
I guess thats possible but think that a NIP still has to be issued within 14 days of the offence date so if someone did report something after that time then is it still not out of time ?
I will defend it if necessary as I have no recollection of committing any offence but if i can prove it is out of time then it save all the hassle etc and trying to remmber something that i can not recall.
I will defend it if necessary as I have no recollection of committing any offence but if i can prove it is out of time then it save all the hassle etc and trying to remmber something that i can not recall.
I'm not too sure this kind of offence would be tied under the same rules as speed cameras and the like, either.
The Police haven't issued a notice of intended prosecution, as they haven't decided whether to report you or not yet. They'll probably want to have a taped word with you before deciding on that.
I would expect for anything careless or below they have 6 months from the date of the alledged offence to decide whether to lay the information to the court.
The Police haven't issued a notice of intended prosecution, as they haven't decided whether to report you or not yet. They'll probably want to have a taped word with you before deciding on that.
I would expect for anything careless or below they have 6 months from the date of the alledged offence to decide whether to lay the information to the court.
Edited by 10 Pence Short on Friday 2nd March 12:34
If as stated on dates then Plod is out of time on the Noip as far as due care etc is concerned which requires the service of NOIP in 14days to bring to the attention of offender so that he can marshall his thoughts and defence.
On interview bring the fact forward that NOIP is out of time.
But......aint there always one, there is a like of offence of wanton and furious driving under the Highways Act which does not require NOIP.
dvd
On interview bring the fact forward that NOIP is out of time.
But......aint there always one, there is a like of offence of wanton and furious driving under the Highways Act which does not require NOIP.
dvd
Thanks for the info.
The dates are definately correct and i can prove that there should have been no problems contacting the registered keper within 14 days as my partner still has a copy of the NIP she got for a speeding offence (in this car)in January 2007. It arrived at my company (registered keeper) within 3 days after the offence meaning that the dvla records are correct etc.
I will have to wait and see what happenms next i suppose and get more information regarding the alleged offfence and ask what evidence there is to support the allegation. I will defend it if necessary but it is ridiculous that i have to try and remember back 6 weeks and try and put together a defense for an event that is defnately not clear in my mind. I will definately mention the out of time situation but will be happy to be interviewed as i dont want the plod to assume i am trying to get out of something because i am guilty.
I note your comments also about the changed charge possiblity - now that would be unlucky.
The dates are definately correct and i can prove that there should have been no problems contacting the registered keper within 14 days as my partner still has a copy of the NIP she got for a speeding offence (in this car)in January 2007. It arrived at my company (registered keeper) within 3 days after the offence meaning that the dvla records are correct etc.
I will have to wait and see what happenms next i suppose and get more information regarding the alleged offfence and ask what evidence there is to support the allegation. I will defend it if necessary but it is ridiculous that i have to try and remember back 6 weeks and try and put together a defense for an event that is defnately not clear in my mind. I will definately mention the out of time situation but will be happy to be interviewed as i dont want the plod to assume i am trying to get out of something because i am guilty.
I note your comments also about the changed charge possiblity - now that would be unlucky.
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