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Coach driver who close passed cyclist avoids fine thanks to incorrectly worded police letter

Crown Prosecution Service (CPS) admits "procedural error" meant 14-day Notice of Intended Prosecution window passed...

We get sent hundreds of videos of dangerous driving recorded by readers, to the point where Near Miss of the Day was born. Often these videos are reported to the police, with some hearing of successful action taken against the road user involved, but in many cases the reports are unactioned or the driver is sent a warning letter.

However, it is rare we hear a case like the one forwarded to us by road.cc reader Jonathan whose footage of a coach driver close passing him was forwarded to Northumbria Police.

The driver of a Rowell Coaches vehicle was initially slapped with a fixed penalty notice, but decided to challenge the decision in court.

One day before the court date, Jonathan received a call to say the Crown Prosecution Service (CPS) had dropped the case, because of a "procedural error".

The CPS confirmed the Notice of Intended Prosecution (NIP) did not include the necessary details and "as a result the police have failed to send the NIP within the 14 days and so the complaint is barred".

"I contacted them to ask why the case had been dropped and received the following reply," Jonathan told us, before copying in the CPS' response.

Unfortunately, it was a procedural error relating to a change in the standard correspondence sent to drivers who have been charged with this type of offence which has stopped the case as it was not recognised:

Essentially the letter should be headed request for information to identify a driver and should state Notice of Intended Prosecution. The letter sent out in this case does not include both. As a result the police have failed to send the NIP within the 14 days and so the complaint is barred.

The issue has now been highlighted and rectified so will not happen in future cases of this nature.

"I was, of course disappointed that a procedural error had resulted in the case being dropped, but even more disappointed that a professional driver of a very large vehicle chose to use this loophole to avoid points and a fine, which he clearly deserved," Jonathan continued.

Northumbria Police had issued the driver a fixed penalty notice for driving without due care and attention, having seen Jonathan's footage and heard his testimony:

I was cycling through Ovington in Northumberland on 13th April 2021. I had seen a coach some way behind me when I was cycling up Coal Lane on the way into the village, a road that is not really suitable for such a large vehicle.

I expected the coach to catch me on my way through the village. As I rode through Ovington, two cars overtook me, crossing to the other side of the road to pass me safely.

Then the coach overtook me, passing about half a metre away from me.  There was no oncoming traffic and there were parked cars ahead on my side of the road, so the coach driver needed to pull out much further anyway immediately after passing me. 

I could see no reason for him not to pull out much further to pass me safely.  A few minutes later, after passing through Ovington, I saw the coach coming back towards me and the driver’s face can be seen on my helmet camera footage.

"Think twice before using Rowell of Prudhoe (Rowell Coaches, Hexham, Northumberland). The attitude of at least one of their drivers leaves a lot to be desired," he added. road.cc has contacted Rowell Coaches for comment.

Dan is the road.cc news editor and has spent the past four years writing stories and features, as well as (hopefully) keeping you entertained on the live blog. Having previously written about nearly every other sport under the sun for the Express, and the weird and wonderful world of non-league football for the Non-League Paper, Dan joined road.cc in 2020. Come the weekend you'll find him labouring up a hill, probably with a mouth full of jelly babies, or making a bonk-induced trip to a south of England petrol station... in search of more jelly babies.

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11 comments

Avatar
David9694 | 2 years ago
1 like

I read either here (or onTwitter) that there is a get-out for the 14 day NIP rule.  It sounded like the Police have (conveniently) made it an absolute rule in their minds, like what happens with GDPR and recognisable images of people and vehicles where law enforcement and the public domaine are concerned.  Drivers promote this thinking as it suits them.

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HoarseMann replied to David9694 | 2 years ago
3 likes

To be fair to Northumbria Police, they did take it all the way to court, but were thwarted by the CPS. There are some get-outs for the 14-day rule, but a police mistake doesn't appear to be one. This page has quite a bit of detail about it...
https://www.cps.gov.uk/legal-guidance/road-traffic-summary-offences#_Toc...

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TriTaxMan | 2 years ago
0 likes

Unfortunate result from Northumberland Police I am in two minds as to whether that was a deliberate punishment pass or complete impatience from the driver of the bus.

The driver appeared to hold the line passing the cyclist until the last possible minute before he almost violently swerved to avoid the parked cars in front of him. 

The point where the bus overtook the cyclist is a natural pinch point in the road and it widens significantly just before where the cars are parked.  Meaning the driver moved out as soon as he could after the pinch point.

Either way it's shocking driving from a professional driver.

 

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Jenova20 replied to TriTaxMan | 2 years ago
0 likes

Looking at the video the driver could have been further to the right when they passed the cyclist, so it does seem careless and unnecessary of them.

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BigBaz | 2 years ago
4 likes

As someone else mentioned, this company has school run contracts with Northumberland C.C. Ovington is on a bus route so you will get larger vehicles going through.

To be fair to Northumbria Police their reporting system for camera footage is very good and they have replied to all the submissions I've made. Try sending this story into the Hexham Courant, bit of bad publicity usually works.

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pockstone | 2 years ago
2 likes

How many other motoring prosecutions have been compromised by this 'mistake'?

Hundreds? Thousands? Presumably Northumbria Police use a standard pro-forma letter. Have any other cases arisen where similar letters were sent out and court proceedings had to be dropped?

This smells as fishy as a Craster kipper.

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Flâneur replied to pockstone | 2 years ago
4 likes

Seems like this has been bubbling under for a while:

http://forums.pepipoo.com/index.php?showtopic=137153 (warning, rabid drivists)

So in a separate case, Northumbria Police admitted in a letter to someone in January 2021 (so relating to an incident with a cyclist before that) that their correspondence did not amount to a valid Notice of Intended Prosecution.

Assuming today's NMOTD is later than that, WTF have Northumbria Police been doing for the last year and a bit? Utter incompetence (at best).

EDIT: I see from the Youtube that this incident happened in April 2021. So Northumbria Police continued issuing flawed prosecution documentation for AT LEAST 4 months after it could have been corrected. I imagine many crap North East drivers are getting off scot free because of this.

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exilegareth | 2 years ago
0 likes

That looks more like Jubilee Road than Coal Lane - the two merge at the beginning of the village. As well as being on an NCN route Jubilee Road is a regular bus route, is used for school buses (probably something Rowells do under contract to the county council) and is used as a short cut to the A69. The problem of people rat running to the A69 through Ovington was exacerbated when the next junction along (by Bearl) was closed to traffic going east onto the A69 because of the conflict with traffic coming from Stamfordham - rather than go west to the next roundabout traffic from Stocksfield comes along the river road then up through Ovington.

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Bungle_52 | 2 years ago
4 likes

I'd like to take this opportunity to thank Northumbria Police for issuing the FPN in the first place, giving feedback to the submitter and owning up to their mistake. Most importantly they do seem to want to correct it. If only all police forces were as good as this.

As for the bus driver, he's only following the example set by our leaders by using the law to get away with morally indefensible actions.

There is a good chance that the driver will learn from this. They can't rely on getting away with future FPNs in the same way and it would probably affect their employment adversely. At the end of the day we want behavioural change and the actions of the police in this case may well achieve this.

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wtjs | 2 years ago
3 likes

Even the Filth are not thick enough to have failed to work out the rules governing NIPs by now- what else do they have to know?- in Lancashire they don't waste time studying the Highway Code. This is a deliberate 'error' to give themselves a get-out from having to take some action. This case was supposedly 'actioned' but they just give the minimal- probably 'words of advice'

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HoarseMann | 2 years ago
7 likes

At least they're a force that will issue FPN's from camera footage and this procedural error has been corrected.

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