accused of driving without due care and attention

[StitchedUp2]

A member of family has received a NIP within the 14 day time limit. The police have visited the relative & off the record advised that they would not take it any further.He has now received a summons to appear in court and bill from the owner of the 'damaged ' car for �1000. The only problem we have is that my relative did not have an accident. There is no damage at all to my relative's car. The car has been examined by 3 different policemen, who have confirmed there is no damage on my relative's car. The person in the other car, has changed from being 1 woman, to 2 women and now to 1 man. Originally there was no claim for money. Now they/he/she is claiming �1000 for repairs to the rear wing and Sills. The 'bump' happened in May 2008. Any thoughts on what to do ?

[New Judge]

Is the summons for the criminal matter (careless driving) or the civil matter (the �1,000 damages)?

[StitchedUp2]

For the careless Driving

[Barmaid]

I would contest the matter in court. If the police have provided statements saying there was no damage, that will help. Bear in mind the standard of proof in criminal law (ie careless driving) is beyond reasonable doubt. make sure you seek disclosure of the accident report that was filling in by the police at the time (if any).

Given that I assume you are insured, the Magistrates have no power to award compensation. This will be dealt with by your insurance company - if necessary through the civil courts.

Your relative should also record full details of the officer he/she spoke to who said they would not take it further, since there is scope there for an abuse of process argument. You may need to involve a solicitor.