Wrongly accused of Racing?!?! - False Statement

Hi guys,

In June I was on a Sunday drive with my friend after he bought his new car and wanted to go for a drive (I was in my car, completely standard EP3) and something to eat. we drove for about 45 minutes until we ended up at the KFC drive-through we had been planning to visit at Thurrock, Lakeside. As we drove up we came to a roundabout were we had to go round to head back to the KFC. The road has a 40mph speed limit, whilst approaching the roundabout (my friend was about 2 car lengths in front of me doing the speed limit) I noticed two cars parked up on a parallel road with there sidelights on, obviously didn't think nothing of it so proceeded to drive round the roundabout and head off to our destination. Whilst driving round the roundabout we both got caught at some traffic light, then proceeded to drive off normally. I noticed one of the cars I had seen at the side of the road was now behind me following me to the next roundabout. I came to the next roundabout and turned off heading to a car park in the business park to get out of the car and park up to discuss with my friend where we were going to eat and if it was still open at the time (the car had proceeded to head around the roundabout and drive back down the road). After we parked up on our own accord and walked round to discuss where we were eating we headed back to the car (as from where we were standing we thought KFC was closed). We proceeded to walk back to the cars and instantly noticed the car I had follow me up the roundabout had blocked us in. Two community support officers got out of the vehicle and asked us if these were our cars and we replied, they then accused us of street racing?!?! Within 60 seconds of this happening a undercover traffic cop parked up and began writing us out tickets also issued us with whats called a "Section 59"!!!

This was back in June. Fast forward to December and I had a conviction pack sent through asking me to plead guilty or not guilty to the offense. Not only this the police man has written in his statement he "stopped me" and that I was "Racing in a formation of 4" - I obviously pleaded not guilty. Fast forward to last week I have now received a re-summons to court because of the seriousness of the matter!!!!

Anyone have any advice on what to do? Im horrified to say the least I have only ever received 3 points for doing 38 in a 30 4 years ago and I'm now being tried for a ban and hefty fine for absolutely nothing at all!!!

In your shoes I would take it all the way but I would fear the worst at the same time as it's going to be your word against there's and they'll have their stories straight, you can bank on that.

The court is a fickle thing though and the fact that you can recount what happened prior to getting there should help.

In summary though, if your story is true it sounds like you're being shafted.

I hate to say it but there is no justice in this country, the courts are corrupt and the police always look for the easy bust. There's not many decent people in those jobs and the ones that are decent are either few and far between or get corrupted too.

My brother is going through a similar thing as we speak and the police are lying scum and fabricating what happened. Best bet is get a bloody good solicitor and take it the whole way. Was it just you and your mate who witnessed it?

I saw a lad in court pleading his case, he'd been caught doing 43mph in a 30 zone by a cop with a radar gun, he was riding a moped restricted to 30mph that even down hill would only just touch 33mph. In court he explained that he was pleading not guilty because there is no way his moped would do that speed plus when he saw the officer with his radar gun he assumed that the officer was catching the speed of the van that was overtaking the moped at the time, he also explained that he drove for a living and needed his licence, they banned him for 12 months.

I'm not questioning your honesty, but there are a couple of parts of your story that immediately sound suspicious.

we drove for about 45 minutes until we ended up at the KFC drive-through we had been planning to visit at Thurrock, Lakeside.

I came to the next roundabout and turned off heading to a car park in the business park to get out of the car and park up to discuss with my friend where we were going to eat and if it was still open at the time.

A judge will likely assume that is BS. At least word it differently if you're asked for a written statement.

Get a lawyer go to court.

They can't actually issue that statement as its false and they have no evidence.

They have to prove beyond reasonable doubt, which they can't.

Throwing their statement out of court is fairly easy to do.

But this is also why I record all conversations with the police.

Get a lawyer go to court.

 

They can't actually issue that statement as its false and they have no evidence.

 

They have to prove beyond reasonable doubt, which they can't.

 

Throwing their statement out of court is fairly easy to do.

 

But this is also why I record all conversations with the police.

They will have corroboration from each other. That's enough to take it to court. As long as what they say stands up, the guy will be shafted.

In front of a jury it may be different, in front of a sheriff they will always go with the police statement.

They will have corroboration from each other. That's enough to take it to court. As long as what they say stands up, the guy will be shafted.

 

In front of a jury it may be different, in front of a sheriff they will always go with the police statement.

Yep it's total BS... It's the same thing we're having atm. Two lying coppers and the courts go with it.

This is just another reason this country is going down hill

I'm not questioning your honesty, but there are a couple of parts of your story that immediately sound suspicious.

 

 

 

 

 

A judge will likely assume that is BS. At least word it differently if you're asked for a written statement.

Sorry I worded that incorrectly we basically went for a drive with plans of going to grab something to eat but wanted to see if it was still open at the time as it was late on a Sunday.

I really feel I have been unfairly treated. Never had a problem with the law and I didn't even argue with the officer other than say we weren't racing (I had never been in this situation so didn't know the severity of it). I do not condone street racing and know the consequences of it.

I feel this is going to really have a negative effect on my life as if I get a ban and convicted for this it could ultimately effect my career, be recorded as a conviction (maybe a criminal conviction!?), effect me traveling to the US (which im planning on later this year), insurance premium etc.

I've had a section 59. Just ignored it and carried on living my life then the same copper who gave me it when I was 18 pulled me over as I was driving in my drive just before Xmas haha. 7 years later

Have they any evidence of your so called street racing?

I've had a section 59. Just ignored it and carried on living my life then the same copper who gave me it when I was 18 pulled me over as I was driving in my drive just before Xmas haha. 7 years later

Have they any evidence of your so called street racing?

TK, No they literally have the statement and that is it. The only thing I can think that may be able to prove I wasn't would be a dash video from the PCSO car that followed me for that brief moment? I'm not even sure if that would be enough??

Think where you were driving when they could of seen you, if as you say it was a maximum of 40mph in these areas then if they haven't done you for speeding how can you be racing?

I'd be honest, you and your mate love driving and occasionally just go and drive to a services have a chat and bite to eat etc. So of course we were following eachother but not racing.

Don't sweat it, I'm pretty sure it's just a traffic offence that will have no bearing on careers travel etc. Annoying and frustrating if completely innocent but trust me not worth too much worry. Have your say at court or not is up to you, you may feel better for it, even if the consequences are worse than caving in and just taking it on the chin.

A good specialist motoring solicitor like Nick Freeman would probably get it thrown out. But specialists

cost a few grand a pop. How keen are you to fight it vigorously?

BTW, who won?

Think where you were driving when they could of seen you, if as you say it was a maximum of 40mph in these areas then if they haven't done you for speeding how can you be racing?

 

I'd be honest, you and your mate love driving and occasionally just go and drive to a services have a chat and bite to eat etc. So of course we were following eachother but not racing.

 

Don't sweat it, I'm pretty sure it's just a traffic offence that will have no bearing on careers travel etc. Annoying and frustrating if completely innocent but trust me not worth too much worry. Have your say at court or not is up to you, you may feel better for it, even if the consequences are worse than caving in and just taking it on the chin.

Hi Scooter, Well the letter I have received Wednesday was after I sent in the Not guilt plea in December. It reads "Notice of new hearing date" which lists reasons 1. "As the court is considering to disqualify you from driving because of the seriousness of the offense(s) or the number of penalty points on your driving record" 2. "For you to enter a plea of guilty or not guilty to the offenses"

I'm not gonna lie I'm absolutely Sh*ting myself as Ive been worrying that its basically Me (and my friend) vs the Law but I know I haven't done anything wrong?

Surely the police cannot go round and issue everyone one with a intended notice of prosecution and accuse them of street racing based on no evidence what so ever and just a false written statement. That to me seems the system is flawed.

A good specialist motoring solicitor like Nick Freeman would probably get it thrown out. But specialists

cost a few grand a pop. How keen are you to fight it vigorously?

 

 

BTW, who won?

Hello Mr. Wilson (the master guru)! I do not have the funds to throw a couple of grand at a solicitor maybe 1k at the very most! If this was a race this was the slowest non dramatic life changing race I have ever been involved in..

I if your story is true

This. In these types of story the OP always tends to understate their actions. Police don't just follow a couple of law abiding citizens to a car park and block them in because they were driving in a normal fashion.

It is true. I need to go about trying to retrieve dash cam footage from the PCSO car that followed me as I think this is really the only real hard evidence I have that I was not racing.

Does anyone know how this is done? Do i request it in court or write a letter of request referencing the court No. to a police station?

Look at the bottom three paragraphs of the link below, as you seem generally in the dark about some of their points/accusations asking for this disclosure seems a good thing to do?

http://www.vdsr.co.uk/index.php?action=ezportal;sa=page;p=5

It is true. I need to go about trying to retrieve dash cam footage from the PCSO car that followed me as I think this is really the only real hard evidence I have that I was not racing.

 

Does anyone know how this is done? Do i request it in court or write a letter of request referencing the court No. to a police station?

You need to contact a solicitor for advice on how to proceed. The freedom of information act should allow you to procure the footage, just make sure it's done the right way

Look at the bottom three paragraphs of the link below, as you seem generally in the dark about some of their points/accusations asking for this disclosure seems a good thing to do?

 

http://www.vdsr.co.uk/index.php?action=ezportal;sa=page;p=5

Thanks for the link Scooter - Ill be in contact with a solicitor in the morning. I appreciate it.

That video

Ok.... here goes, take from this what you want... but it has worked for me in the past.

Before going any further, pen a very descriptive, precise and formal letter of the sequence of events that happened that evening and since, to the Procurator Fiscal who will be deliberating over your case in court.

Make sure you include everything, the proposed lies, the implication of any actions of being found guilty when you believe you were doing no wrong, the events etc etc.

Whilst this may fall on deaf ears, I have found in the past, if you can put across a strong enough argument in the letter, that would mean this court case will go on a little bit longer than they expect (with complications etc) then there is a chance they will not want the hassle and will throw the case out before it even reaches a court date.

A similar incident happened to myself where it was my word against two traffic cops and after I had penned the letter, a few weeks later, the Procarator Fiscal sent me a letter saying they were not going to persue the case any further due to lack of sufficent evidence etc.

It is worth a try and doesn't harm to do so.

Hope all goes well for you.

All I've learned from your experience so far... Don't drive a Honda. They aren't fast enough to get away from a plastic copper let alone a traffic car lol.

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