Safe Speed Forums

Hello All,

After the discontinance of my S172 case (due to lack of evidence). I have tried to claim my costs including travelling, subsistence, stationary, telephone costs, time spent on preparation and loss of earnings.

The reply told me that preparation time & loss of earning can only be claimed in a civil case and that, i quote ‘Regulation 23 states that you, as a defendant, can only recover payments for travelling & subsistance’.

From SI 1986/1335 Costs in Criminal Cases (General) Regulations 1986

23 Prosecutors and defendants

A person in whose favour an order is made under section 16, 17 or 19(4) of the Act may be allowed the same subsistence allowance and travelling expenses as if he attended as a witness other than a professional or expert witness



Has he misread this regulation? I do not see the word 'only'. This regulation in my opinion simply states that in the case of subsistence and travelling i can claim the same amount as if i was a witness.

The contents of letter appears to be contradictory as it states that ‘Regulation 23 states that you, as a defendant, can only recover payments for travelling & subsistence’. Yet later on in the letter the legal adviser states that he can authorise payment of stationary, postal and telephone costs.

From my research it would appear that he is correct in so far as i am unable to claim for work done and loss of earnings. I will enquire further as to which Act/Regulation and part of enables him to authorise payments for stationary, postal and telephone costs.

The brainstorming question is .... Can i take out a civil claim in the small claims/county court for the work done and loss of earnings and does it have any chance of success?

I am entitled to Justice.....yes i did read Paul Smiths recent press release!.....and i am not going to give it up.

So any comments, idea, suggestion and even vague thoughts would be very much appreciated.

Thanks, Mike

PS Apologies if this has been discussed in a thread elsewhere, my search did not find anything similar, but if it is out there a link would be greatly appreciated.

have you visited http://www.pepipoo.com ?