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Kazz
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23-02-2019, 10:35 PM
1

HELP please. Driving without due care and attention

Well this week got a let through a Notice Intend to Prosecute from police saying I was witnessed/seen driving without due care and attention the speed on letter was 0. No further information other than date time and location.


On the day in question it was 14.15 I was driving on my estate the speed limit is 20 following a Childs death outside the swimming baths. I was doing under 20 I saw the chap in the Hi-Viz with the speed camera thing on his shoulder and another man in hi viz (community police I think) but could of been police. Nothing happened no incident or anything.

I have filled the letter in and returned as I was the driver and I am the registered keeper.


Have driven every day for the last 35 years and only had one accident and I was not even in the car someone reversed into my PARKED EMPTY car on Sainsburys car park.

What proof do they have to provide and can I see it. HELP
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23-02-2019, 10:41 PM
2

Re: HELP please. Driving without due care and attention

Originally Posted by Kazz ->
Well this week got a let through a Notice Intend to Prosecute from police saying I was witnessed/seen driving without due care and attention the speed on letter was 0. No further information other than date time and location.


On the day in question it was 14.15 I was driving on my estate the speed limit is 20 following a Childs death outside the swimming baths. I was doing under 20 I saw the chap in the Hi-Viz with the speed camera thing on his shoulder and another man in hi viz (community police I think) but could of been police. Nothing happened no incident or anything.

I have filled the letter in and returned as I was the driver and I am the registered keeper.


Have driven every day for the last 35 years and only had one accident and I was not even in the car someone reversed into my PARKED EMPTY car on Sainsburys car park.

What proof do they have to provide and can I see it. HELP
The speed on the letter was 0. You can ask to see the calibration certificate for the speed gun..
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23-02-2019, 11:01 PM
3

Re: HELP please. Driving without due care and attention

I would look on the honest John website, they have a section for all motoring related offences
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23-02-2019, 11:28 PM
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Re: HELP please. Driving without due care and attention

It sounds and looks to me as though excessive speed was not the offence but maybe without due care attention was. Can you recall what you were doing at the time you saw the police? Not on your phone hopefully.
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23-02-2019, 11:36 PM
5

Re: HELP please. Driving without due care and attention

Another great reason to have a dashcam. You can then challenge with visual proof how you were driving.

Without due care and attention is vague to say the least, I would ask for a more specific explaination of the so called offence.
Speed was not an issue so that in itself proves you were driving with due care.

As for Attention you may well have noticed something that they missed which caused you to look elsewhere at the time.
That is if you were not being stupid on a mobile phone

To my mind I think they should have a movie showing what they mean by it.
Maybe a walk into a police station asking to see the actual video they are making the claim about

If they don't have one then it is your word against theirs . What one may consider due care and attention to another may think differently.

However i would certainly ask to see video proof of what they claim

Oh by the way I have fitted dashcams to both our cars which among other things record speed as well as time and location.

Some officers get over zealous and if having had a bad day will be out to do anything for a result, or even showing off how its done to a junior officer



my bet is they can't show video proof and you will just possibly get a warning off by the duty officer as it is just a very minor offence anyway

Admit Nothing it is up to the police to provide proof
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Kazz
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24-02-2019, 10:33 AM
6

Re: HELP please. Driving without due care and attention

Thanks all will look at honest John site, no not on phone, it is a quiet estate road straight couple of crossing points with bollards. No bus lane, although a bus route single decker. I was not speeding well according to them I was stationary as speed was 0. but I did not stop on that road apart from right at the top to let a lady with pushchair cross but they would no be able to see that due to the curve of the road. Odd you mention dash cam because I have considered getting one but may well now.

Will see what happens next it said course for driving or a fine/points. But I am going to ask to see evidence. One persons view of attention is not another's as has been said so I suspect even maybe turning the radio down could be claimed to be lack of attention if being picky.

See what happens it was very vague not a word to hint at the issue they were claiming.
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24-02-2019, 10:55 AM
7

Re: HELP please. Driving without due care and attention

Was the nip code CD10? this is driving without due care, was it an official notice from the police?,
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24-02-2019, 10:59 AM
8

Re: HELP please. Driving without due care and attention

Kazz always worth challenging a decision based on what was claimed . The police have to justify, not you to disprove it. If they can't then ask for the charges to be dropped.
if not satisfied

If it were me it would be a letter to the chief constable complaining about the officers who bought the charges, he is bound to investigate any claims against his officers.

One thing policemen don't like is an internal investigation about them,it not only puts a marker on them but can also hinder any promotion coming their way.

Do get a dashcam it can protect you if/when you have an accident not your fault. Insurance companies find it very hard to disprove what happened when on video.

Halfords can fit them for you

I have what is called hard wired in my car but in Sue's it has to be plugged into the cigar lighter as there are no suitable fuses to piggyback onto

typical example that happened to us in a pub car park. the driver reversed without looking. luckily we were too far back so avoided being hit
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24-02-2019, 11:44 AM
9

Re: HELP please. Driving without due care and attention

Originally Posted by Kazz ->
No bus lane, although a bus route single decker.
Can you clarify the above please Kazz ?

What is a "bus route single decker"?

Do you just mean that buses use that road?

The statement of 0 speed on the form, I guess simply means they were not monitoring your speed, not that you were doing 0 miles/hr. In other words they don't know what speed you were doing.

This sounds to me like they were monitoring something very specific.

For example, were there any junctions with a STOP sign that you may not have actually stopped at?

If you highlight the name of the road for us we can possibly use Google Maps to look at it and determine what they were monitoring.
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24-02-2019, 11:46 AM
10

Re: HELP please. Driving without due care and attention

Kazz, The only time l have heard of someone getting prosecuted for, ‘driving without due care and attention’ was when she went into the back of another car. So l don’t know what you could have been doing to warrant such a charge?

How are you sleeping? I know l wouldn’t be able to. I hope you get it sorted soon.
 
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