16 August 2003
Our client was a self-employed taxi driver who had collected three passengers from a restaurant and was on his way to drop them off when he was involved in a road traffic accident. He maintained that he had the right of way as the traffic lights were on green for him to continue. However, the driver and passengers in the other vehicle involved all stated that their traffic lights were on green and as such, they had right of way. A Police Officer attended the scene and spoke to everyone involved. A few months later our client received a summons for driving without due care and attention and failing to comply with a traffic signal. He also received copies of the statements of the driver and passenger of the other vehicle, however, there wasn't a copy of any statements of his passengers. After making enquiries with the Police Officer who attended the scene, he confirmed that their information had been passed to the Crown Prosecution Service. Following numerous letters to the Crown Prosecution Service requesting this information and the same not being forthcoming we had no choice but to ask the Magistrates to make a direction that this information be provided to us, we still didn't receive the information. We applied for and were granted a Representation Order in this case and two days later received a Notice of Discontinuance from the Crown Prosecution Service.