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#Post#: 75483--------------------------------------------------
Cause vehicle to be left in a dangerous position
DIR By: ikjasd
Date: June 9, 2025, 4:33 am
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I have a letter from West Midlands Police with the offence of
'cause vehicle to be left in a dangerous position'. Offence
code: RT88508
I responded to an earlier letter from the police confirming that
i was the driver of the vehicle.
I don't believe that i have seen any evidence of the actual
contravention.
I now have the option (a) paying £100 and accepting three
penalty points (b) requesting a court hearing.
I believe that i should at least be sent some photos of the
potential error that i made and it seems strange to accept error
when i don't know what the contravention was.
I have to respond within six days to comply with the 28 day
return period. I probably would have requested a court hearing
but there is a comment that states that 'you may also have to
pay extra costs' if going down this route.
Any help will be really appreciated.
#Post#: 75491--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: andy_foster
Date: June 9, 2025, 4:52 am
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--- Quote from: ikjasd link ---
>
> I believe that i should at least be sent some photos of the
potential error that i made and it seems strange to accept error
when i don't know what the contravention was.
>
--- End Quote ---
What you believe is irrelevant.
You have been offered an opportunity to discharge liability for
the offence alleged by accepting a fixed penalty. Either you
accept the fixed penalty, and that is the end of the matter, or
you do not accept the fixed penalty and would presumably be
prosecuted for the alleged offence.
#Post#: 75495--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: ikjasd
Date: June 9, 2025, 5:02 am
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thanks for your response.
1) Is it typical to be prosecuted for an offence without
providing evidence/photos of the contravention?
2) If i request a court hearing do i have to 'pay extra costs'
#Post#: 75501--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: NewJudge
Date: June 9, 2025, 5:27 am
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1. You won't be prosecuted without evidence being provided. When
you are notified of court proceedings you will also be served
with the evidence the police intend to rely on to convict you.
2. If you are convicted following a not guilty plea and a trial
in court you will face an income-related fine (minimum half a
week's net income), a surcharge of 40% of that fine and
prosecution costs of around £620. If your conviction follows
from a guilty plea you will be granted a one third discount off
the fine and the costs will be around £90.
In short, if your income is £500pw it will cost you a minimum of
£325 if you plead guilty or £970 if you plead not guilty but are
convicted.
You obviously know when and where this occurred (since you
accepted you were the driver at the time and place). Have you no
idea at all what it might relate to?
#Post#: 75508--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: ikjasd
Date: June 9, 2025, 5:45 am
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'You obviously know when and where this occurred (since you
accepted you were the driver at the time and place). Have you no
idea at all what it might relate to?'
i know exactly the location as it states it on the letter but i
have no idea what this is in relation to.
#Post#: 75521--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: ManxTom
Date: June 9, 2025, 6:52 am
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Could you try calling them to ask exactly what you did wrong?
They aren't obliged to tell you, but then again they might.
Don't ask, don't get...
#Post#: 75522--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: NewJudge
Date: June 9, 2025, 6:56 am
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Then your choices are, as Andy says, to accept the offer of
choose to have your case heard in court.
You could try a bemused approach to the police to ask if they
will give you some idea of what you are alleged to have done.
Normally they will not get involved in much by way of
correspondence. As you can see from my figures, the fixed
penalty is far and away the best offer you will get and one of
the reasons for that is because the work required by the the
police is far less onerous than if they prosecuted you in court.
#Post#: 75586--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: JustLoveCars
Date: June 9, 2025, 1:14 pm
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--- Quote from: ikjasd link ---
>
> i know exactly the location as it states it on the letter but
i have no idea what this is in relation to.
>
--- End Quote ---
Can you give us the location?
#Post#: 75596--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: roythebus
Date: June 9, 2025, 1:50 pm
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I was done for dangerous parking back in the 1980s. Whether or
not the same offence remains on the statute book is not known,
but it was one of the parking offences that carried points on
the licence at the time. It took the police more than 6 months
to even contact me. i looked into the matter and found that it
was indeed an endorseable offence, but they had to notify me
within 14 days of the alleged offence BY RECORDED DELIVERY post,
which they didn't Case went to Clerkenwell magistrates who ofund
me guilty but as the police cocked up with service case
dismissed.
So if we know what exactly the offence is Section xxx RTA 2004
for instance, we can see what the process should have been.
#Post#: 75706--------------------------------------------------
Re: Cause vehicle to be left in a dangerous position
DIR By: facade
Date: June 10, 2025, 3:48 am
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The offence relates to section 22 of the RTA
HTML https://www.legislation.gov.uk/ukpga/1988/52/section/22
If a person in charge of a vehicle causes or permits the vehicle
or a trailer drawn by it to remain at rest on a road in such a
position or in such condition or in such circumstances as to
involve a danger of injury to other persons using the road, he
is guilty of an offence.
It covers things like parking on a blind bend or approach to a
humpback bridge or right on a junction so that traffic has to
risk a head on collision to pass because their visibility is
blocked- by the car itself or the road layout and the car forces
traffic into a potentially dangerous overtaking manoeuvre, or
blocking the pavement so pedestrians (e.g. pushchair &
wheelchair users) have to step into the road to pass.
The prosecution has to prove that:
(1) You left it there (hence the S172)
(2) The position/condition that it was left caused a danger of
injury to others using the road.
(The "in such condition" part would cover not applying the
handbrake so that the vehicle could roll, having something
unmarked sticking out a long way, or a severe oil/fuel leak
spreading out over the road)
I'm unclear on (2) whether a photo of the position would do, or
whether they have to observe someone risking injury.
The FPN is £100 + 3 points.
A defence would be "circumstances beyond your control" like a
breakdown that locked the transmission so it couldn't be moved
until recovery arrive.
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