Passing charges incurred by court onto police officer.
Discussion
A police officer believed my friend had caused an unnecessary obstruction with his parked vehicle on a residential public highway. The highway in question has absolutely no parking restrictions so my friend can't fathom how a car parked lawfully on this particular stretch of highway can amount to an unnecessary obstruction.
My friend was sent a letter by the kind officer asking my friend for the drivers details. My friend dutifully completed the form confirming that he was indeed the driver that left the car in the position in which the officer believed was in breech of highway laws. My friend intends to take this matter before a court and, providing the court agrees with my friend he intends to sue the police officer for every associated cost the day in court will cost my friend - he's a service provider with a relatively hefty day rate.
As a matter of courtesy should my friend include a small note with words to that effect to give the officer a chance to rethink his error of judgement or should he not bother?
Harold
My friend was sent a letter by the kind officer asking my friend for the drivers details. My friend dutifully completed the form confirming that he was indeed the driver that left the car in the position in which the officer believed was in breech of highway laws. My friend intends to take this matter before a court and, providing the court agrees with my friend he intends to sue the police officer for every associated cost the day in court will cost my friend - he's a service provider with a relatively hefty day rate.
As a matter of courtesy should my friend include a small note with words to that effect to give the officer a chance to rethink his error of judgement or should he not bother?
Harold
Edited by Sir Lord Harold on Thursday 14th November 19:05
Your 'friend' won't be able to sue the individual police officer, his Chief Constable can be sued as (s)he has vicarious liability.
As an aside, there is a large amount of case law regarding obstruction offences as technically, leaving you car on a road, even an unrestricted on, is technically causing an obstruction and any person has a right to cross any part of the carriageway. The act of leaving a car on a road prevents that person from walking on that part of the road. The case law then revolves about whether the person was realistically obstructed ie they couldn't fulfil their intention by other reasonable means. I suspect that there is more to this than the OP writes. Any ways, it will cost money even if you win
As an aside, there is a large amount of case law regarding obstruction offences as technically, leaving you car on a road, even an unrestricted on, is technically causing an obstruction and any person has a right to cross any part of the carriageway. The act of leaving a car on a road prevents that person from walking on that part of the road. The case law then revolves about whether the person was realistically obstructed ie they couldn't fulfil their intention by other reasonable means. I suspect that there is more to this than the OP writes. Any ways, it will cost money even if you win
megenzo said:
I suspect that there is more to this than the OP writes. Any ways, it will cost money even if you win
There's not a great deal more to it - that's why it's unfathomable this level of action's been taken. In actual fact I suspect the police officer must be resident in the very near vicinity to where my car was parked - the officer didn't have the gumption to sign their name on the traffic offence report in a legible manner. RE costs - I suspected as much but I'm not happy about this. I'll pay the NIP and forget about it but your colleagues show cowardice and disgrace on a daily basis.
Harold
Sir Lord Harold said:
There's not a great deal more to it - that's why it's unfathomable this level of action's been taken. In actual fact I suspect the police officer must be resident in the very near vicinity to where my car was parked - the officer didn't have the gumption to sign their name on the traffic offence report in a legible manner.
RE costs - I suspected as much but I'm not happy about this. I'll pay the NIP and forget about it but your colleagues show cowardice and disgrace on a daily basis.
What happened to "your friend"?!RE costs - I suspected as much but I'm not happy about this. I'll pay the NIP and forget about it but your colleagues show cowardice and disgrace on a daily basis.
DoubleD said:
Sir Lord Harold said:
There's not a great deal more to it - that's why it's unfathomable this level of action's been taken. In actual fact I suspect the police officer must be resident in the very near vicinity to where my car was parked - the officer didn't have the gumption to sign their name on the traffic offence report in a legible manner.
RE costs - I suspected as much but I'm not happy about this. I'll pay the NIP and forget about it but your colleagues show cowardice and disgrace on a daily basis.
What happened to "your friend"?!RE costs - I suspected as much but I'm not happy about this. I'll pay the NIP and forget about it but your colleagues show cowardice and disgrace on a daily basis.
If you believe the officer was wrong and that you haven't committed the offence for which you have been reported then enter a Not Guilty plea & have your day in court.
You never know, the magistrates might agree with you.
Bit rich accusing someone of cowardice for not signing their name legibly in view of the fact that in your first posts you claimed it was 'your friend' that was having the problem.
And yes, I'm a retired cop.
You never know, the magistrates might agree with you.
Sir Lord Harold said:
Mike335i said:
Why are they showing cowardice?
Not signing the traffic report with their name in a legible manner. You a cop too? Lot of 'em on here.And yes, I'm a retired cop.
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