train crossing

jonw76 · Post by **jonw76** » 15 Nov 2016, 18:22

hi all help needed please asap my boss has received a email from the transport police saying I left a gate open at a railway crossing stating a time and reg number, it was in early july and I'm almost sure I didn't do it unless there was workers on track and gate was open or there was a car coming other way on single track who didn't shut gate. I have to admit guilt and go on a awareness day with a 3 year community order thing or tell truth and maybe get prosecuted any help please

jetblack · Post by **jetblack** » 15 Nov 2016, 18:38

If you didn't do it then tell the truth.

What evidence do they have ? Have you/the manager been made aware of it ?

Do you think you might be guilty but can't quite remember ? If so, the evidence (such as it is) should clarify your position one way or the other.

jonw76 · Post by **jonw76** » 15 Nov 2016, 18:57

On the email it says they have cctv at crossing but I'm sure I'd of shut the gate after opening it.

wannabeek · Post by **wannabeek** » 15 Nov 2016, 20:27

Surely you're allowed to see that evidence if it exists? I fractionally overshot a red light once many years ago and was allowed to go to a police station to see the photo evidence of that.

Post by **Lounge Lizard** » 16 Nov 2016, 01:29

jonw76 wrote:hi all help needed please asap my boss has received a email from the transport police saying I left a gate open at a railway crossing stating a time and reg number, it was in early july and I'm almost sure I didn't do it unless there was workers on track and gate was open or there was a car coming other way on single track who didn't shut gate. I have to admit guilt and go on a awareness day with a 3 year community order thing or tell truth and maybe get prosecuted any help please

Have you checked if that date in early July was your day off ?

telithowitis · Post by **telithowitis** » 16 Nov 2016, 21:20

If they have only just emailed/contacted you now I'd get legal advice, I think if you don't actually have an accident they have to give you a notice of a potential prosecution for a motor offence within 14 or 28 days so you have chance to recall the incident.
How are you meant to remember 4 months later!!

Update - I just researched it on the internet, the police must serve a "notice of intended prosecution within 14 days" of the allegation BUT they only need do do that on the registered keeper e.g. Royal Mail so if RM failed to tell you for four months it doesn't matter. (Thanks a lot mind!!)

Also it says the police have to prosecute you within 6 months of the incident after serving the notice.

Sone might say it's a good idea to drag this out!!!!

I would definitely check the van log book to see if I was the driver.

enskied · Post by **enskied** » 17 Nov 2016, 18:12

blagh blagh blagh... " or tell truth and maybe get prosecuted any help please "

Best option is to just tell the truth. We are all human and fallible, we make mistakes. Don't lie, say what you know is true and trust that they understand.

I am not saying it is your fault.. Just stand by the truth. Wish you the best of luck.

k979aaa · Post by **k979aaa** » 19 Nov 2016, 18:34

jonw76 wrote:hi all help needed please asap my boss has received a email from the transport police saying I left a gate open at a railway crossing stating a time and reg number, it was in early july and I'm almost sure I didn't do it unless there was workers on track and gate was open or there was a car coming other way on single track who didn't shut gate. I have to admit guilt and go on a awareness day with a 3 year community order thing or tell truth and maybe get prosecuted any help please

Maybe the wind blew it open after you closed it who is to say it was not a serviceable gate at the time you last went through it as all thing considered it is hardly mass murder!

steve1873 · Post by **steve1873** » 21 Nov 2016, 18:40

Firstly, you need to check log book to ensure you were the person in charge of the vehicle on that given day. I would assume a manager has already done so, but it would also not surprise me if they just made an assumption based on you being the regular driver of that particular vehicle. Once it has been established for certain that you were the person driving the vehicle on the day in question, I would then be making a request to see the evidence as you cannot recall the incident, given it was ~4 months ago.