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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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A traffic offence issue JA: OK. The Traffic Lawyer will need

Customer Question

A traffic offence issue
JA: OK. The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, my wife has been sent a letter stating there was an incident on Feb 18. She was not aware of any incident and has asked the police for details, but they won't give her any. The alleged incident was almost 3 months ago. She's worried about possible prosecution regarding something she's totally unaware of. Very upset, stressed about it. She's epileptic, has not had a seizure in years as she's on tablets, but it's worrying me that she's so upset
JA: Please tell me everything you can about this issue so the Traffic Lawyer can help you best. Is there anything else important you think the Traffic Lawyer should know?
Customer: That's it. We're completely in the dark about the incident. It's like being accused of something and threatened with no idea what it's about and having no ability to prove innocence. Very worrying. More the actions of a totalitarian dictatorship than a liberal democracy. Really has upset her a lot and I'm very worried as I work away a lot.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: UK Traffic Law
Expert:  Stuart J replied 6 months ago.
Thank you.Have the police asked her to attend the police station voluntarily or for an interview under caution or anything like that?Any more details?
Customer: replied 6 months ago.
No, this was a letter stating there was an incident in Worcester on Feb 18. Someone has alleged a driving offence, but she has no idea what it's about. No one said anything to her at the time, the car has not been damaged and no details were exchanged as nothing happened. Then a letter came yesterday saying he's been involved in an incident. When asked, the police declined to give any details, simply saying that if she said she didn't know anything about it she could face court action. It's a disgrace and like something out of Stalin's Russia. She's very very upset. I'm very worried as she's had grand mal fits in the past when she's been stressed
Customer: replied 6 months ago.
What should she do? Is this correct procedure that someone can be accused of something without any recourse to a defence?
Customer: replied 6 months ago.
Are you still there?
Expert:  Stuart J replied 6 months ago.
It isnt an instant service I am afraid.Are you saying that they have simply sent this letter and left everything hanging in midair with no interview, no charge no details of the offence, nothing?
Customer: replied 6 months ago.
Yes, nothing. It's from Warwickshire police. They said it's the law, but I find it mind boggling they can do it. When asked why it's take 3 months to get to us they said it was because of a backlog.
Customer: replied 6 months ago.
Also incredibly unhelpful. When my wife asked what she's alleged to have done? They said they weren't at liberty to give any details but if she wrote back that she had no recollection of any incident she could face court action. The fine is £1000 or 6 penalty points. All this is totally out of the blue, there is no damage to the car and no one has ever contacted her or approached her regarding an incident.
Customer: replied 6 months ago.
Look forward to your advice. Soviet style justice. I'm very disappointed by the police.
Expert:  Stuart J replied 6 months ago.
So they have said she faces a fine of up to £1000 or 6 penalty points for something that they wont tell her, if she cannot recall the incident?Can you attach the letters?
Customer: replied 6 months ago.
Yes, that's correct. Terrible eh? I haven't got them to hand, can I send and over the weekend and email you on Monday after you've seen them?
Expert:  Stuart J replied 6 months ago.
I find this absolutely bizarre. However, you don’t need me to tell you that because I’m just telling you what you already feel.Yes, please let me have it over the weekend but meanwhile, I suggest you write to the Chief Constable and make a formal complaint because this is clearly causing you anguish stress and distress and the police are being completely unreasonable.It is also an abuse of process for them to wait months to actually write to you without actually saying what it’s about purely because they have a backlog. If they have a backlog, that’s their problem, take on more staff or stop nicking so many people speeding or parking! I’m sorry to get on my soapbox but it’s quite understandable why many people are so reluctant to help the police because there efforts are very often targeted in the wrong direction, at the softest targets, rather than hardened criminals. I am off my soapbox now.What should happen in circumstances like this is that you should have been asked to attend the police station voluntarily. If you did not attend voluntarily they should have arrested you on suspicion of whatever the offence is an interview due under caution.As it is, you are at liberty to simply ignore whatever they have sent until they do that.In the short term, what you (actually your wife) might want to do is present at the police station and ask for an explanation. If they will not explain what has happened, that is more fuel to the complaint.If you don’t get a satisfactory response from the Chief Constable, then make a further complaint to the Independent Police Complaints Commission. I’m not certain whether that answers the question for you or not but I’m happy to answer any specific points arising from this.Please do not forget to use the rating service to rate the answer positively so that I get credit from my time today. You may get the impression thread closes after rating, but it does not, it remains open we can still exchange emails if you wish.If you can let me have the letters over the weekend or Monday, I may be able to expand this although, what you have said, I don’t think that whatever is in the letters is going to change my answer. Kind regards
Customer: replied 6 months ago.
Thanks Stuart. You've confirmed everything i was thinking. Like something out of Kafka. I'll scan the pages and send for Monday.Thanks, Andrew.
Expert:  Stuart J replied 6 months ago.
I am glad to help. It’s just that sometimes, as in your case, you just need confirmation of the way to go and that you are attacking it in the right direction. Sometimes people know that another type they have no idea. Please get back to me on Monday.Meanwhile, I would get those letters off because having sent them, you will feel better.A word of warning or wisdom, whichever way you want to take it. Write the letter today, look at it tomorrow if you’re still happy with it by the end of the day, post it. Take all the emotion out of it and just give facts. You may get better appealing to the chief constable for his help with this bizarre situation rather than giving him both barrels of a shotgun. Kind regards
Expert:  Stuart J replied 6 months ago.
Can I assist you any further with this today?When you get a moment, could I please trouble you to use the rating service?Unless you rate my answer service positively, I don’t get paid at all.Thank you.Kind regards

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