Court Summons |
Court Summons |
Sun, 16 Jun 2019 - 04:39
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#1
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Member Group: Members Posts: 54 Joined: 23 Oct 2015 Member No.: 80,171 |
In January I received notification from the police headed 'Requirement to provide name and address of driver section 172 Road Traffic Act 1988' and saying I had 28 days to return it. I promptly did this but a month later I received a second letter asking for the same details and saying I had not returned their first notice, only this time I had seven days. Previously I had simply popped the return into the postbox but now I acquired a proof of postage.
Several weeks later I received a third letter saying I was being charged ("fail to give information relating to the identification of the driver") and that I had 21 days from their posting date to make a guilty or not guilty plea. Note that the date on their notification was 1st March but it came through my letterbox on the 23rd! This time I splashed out on a tracked 'not guilty' return, explaining that their letter had arrived late and sending a photocopy of the proof of postage from February (I was going to send the original receipt but had visions of that also getting lost in the post). The upshot was that they sent yet another notification, this time a court hearing scheduled for this upcoming week. I'm worried that they don't believe me that their third letter came later than the date they expected a return, but more importantly that the proof of postage isn't going to be enough to win the case, since recently someone told me that proving you sent something doesn't mean you actually sent the real thing. Is that right? And would a character reference from a retired police officer I know help? Thanks in advance. |
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Sun, 16 Jun 2019 - 04:39
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Sun, 16 Jun 2019 - 05:42
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#2
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Of course proof of postage doesn’t prove what was inside, it would be for the court to decide if your evidence was credible or not.
To be clear, each time the driver was named unequivocally? No ifs, buts, probables etc? Where they returned in the supplied envelope? The court has scheduled a hearing, so it appears to not be an issue with regards to the dating of the summons (please call it what it is, presumably a Single Justice Procedure Notice) not just a ‘letter’ as clarity is key. This post has been edited by The Rookie: Sun, 16 Jun 2019 - 06:07 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 16 Jun 2019 - 08:14
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#3
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
Did you keep copies of the forms you sent back? Doesn't prove that you put the form in the envelope, but adds credibility to your case.
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Sun, 16 Jun 2019 - 18:18
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#4
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Member Group: Members Posts: 54 Joined: 23 Oct 2015 Member No.: 80,171 |
Did you keep copies of the forms you sent back? Doesn't prove that you put the form in the envelope, but adds credibility to your case. Yes, I did. What about the note of good character from the retired officer, should I also take that or will it b of no consequence? |
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Sun, 16 Jun 2019 - 18:21
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#5
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Were they signed and unequivocal?
What about the note of good character from the retired officer, should I also take that or will it b of no consequence? Did they witness you post the reply? -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 16 Jun 2019 - 19:03
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#6
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
I'm worried that they don't believe me that their third letter came later than the date they expected a return, but more importantly that the proof of postage isn't going to be enough to win the case, since recently someone told me that proving you sent something doesn't mean you actually sent the real thing. Is that right? And would a character reference from a retired police officer I know help? Thanks in advance. If you did not provide exactly what the police asked you to provide, then it wouldn't matter if your response had been timely or not. I suspect the issue is not your "missing" responses at all; it is that you failed to unequivocally identify the driver as requested. What did you say to the police? --Churchmouse |
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