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Speeding case (roadside, with a gun) statement advice wanted
a73uk
post Thu, 8 Nov 2018 - 17:51
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Hello all,

I was pulled over for speeding by a roadside policeman with a Speed Pro Laser 4 radar gun back on the 17/9/18. I received a summons in the post just over a week ago (posted to me 26/10/18) & I need some advice, as times running out.

Firstly, I`m being offered the choice of either submitting a postal admission of guilt, pleading guilty & going to court, or pleading not guilty & going to court.

I suffer with severe anxiety & struggle to speak in public, so I`d rather not go to court (this is also the reason I don't want to lose my licence, as I cant do public transport, so a ban is effectively a form of imprisonment for me).

So, my first question is this, can I be banned if I plead guilty via post? (it was a potentially bannable speed).

If the answer is yes, I will HAVE to go to court, so my second question is this:

Also, when he pulled me over, he pointed the guns display in my face & asked me to read the speed it was showing, which I did (& I still don't believe). in the officers statement I`ve now got, he`s stated the speed he registered was higher than the speed I'm 99% sure was on the guns display (2mph higher, if I remember correctly), & he`s stated this interaction is on his chest-cam..

I have no idea whether the charging officers footage is shown in court as evidence routinely?

Now, if I am correct, & there's a discrepancy between the speed on the chest-cam footage which does not match the speed in his statement, does it void the case due to there being reasonable doubt?

As I say, I`m not 100% sure of the number I read off his gun, although I told a few friends about it immediately after & the number I said wasn't the number in his statement, but, I obviously don't have access to his chest-cam footage.

Also, as i said, I don't believe I was doing the speed he had on his gun, and when I looked at my dash-cam footage after (which unfortunately was badly aimed, but does show enough), I was barely going any faster than the other 5 or 6 cars I was going past or approaching, in which case, everyone on that road was significantly over the limit. (a dead straight, long 4 lane dual carriageway with no pedestrian access or pavements, which I`ve been told by a police acquaintance is a great spot to catch speeders due to it having a stupidly low limit)

Oh, I have no points on my licence, I did attend a speed awareness course about 6 or 7 years ago, & I`ve had my license since 1990.

I also suffer with depression, & this whole situation has been causing me extreme anguish, & has destroyed my sleeping pattern.

Many thanks

This post has been edited by a73uk: Thu, 8 Nov 2018 - 18:02
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post Thu, 8 Nov 2018 - 17:51
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cp8759
post Wed, 16 Jan 2019 - 15:52
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QUOTE (a73uk @ Wed, 16 Jan 2019 - 15:35) *
QUOTE (southpaw82 @ Wed, 16 Jan 2019 - 15:19) *
A statutory declaration is used where you were unaware of the hearing. It is not dependent on you wanting to change your plea. The advantage it has is that once accepted the ban will be set aside and you can drive again.


Ok, Thanks guys.

I`ll try to get them now.

Thanks again.

Don't forget you'll need to ask if you want it transferred to your local court.


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Jlc
post Wed, 16 Jan 2019 - 17:17
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QUOTE (a73uk @ Wed, 16 Jan 2019 - 14:35) *
It just sums up how robotic, black & white, & heartless British law has become.

It seems more likely that a piece of post didn't get delivered to you and the hearing occurred in your absence. It's not uncommon and performing the SD promptly will remove this conviction but unfortunately you will still have to have your day in court. (But you will get your chance to either defend or try and mitigate the sentence as you wish)

This post has been edited by Jlc: Wed, 16 Jan 2019 - 17:17


--------------------
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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a73uk
post Thu, 17 Jan 2019 - 16:59
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QUOTE (cp8759 @ Wed, 16 Jan 2019 - 15:52) *
QUOTE (a73uk @ Wed, 16 Jan 2019 - 15:35) *
QUOTE (southpaw82 @ Wed, 16 Jan 2019 - 15:19) *
A statutory declaration is used where you were unaware of the hearing. It is not dependent on you wanting to change your plea. The advantage it has is that once accepted the ban will be set aside and you can drive again.


Ok, Thanks guys.

I`ll try to get them now.

Thanks again.

Don't forget you'll need to ask if you want it transferred to your local court.


Will do, Thanks.

QUOTE (Jlc @ Wed, 16 Jan 2019 - 17:17) *
QUOTE (a73uk @ Wed, 16 Jan 2019 - 14:35) *
It just sums up how robotic, black & white, & heartless British law has become.

It seems more likely that a piece of post didn't get delivered to you and the hearing occurred in your absence. It's not uncommon and performing the SD promptly will remove this conviction but unfortunately you will still have to have your day in court. (But you will get your chance to either defend or try and mitigate the sentence as you wish)


I cant comment on that really, all I know is I`ve heard nothing since completing the initial forms.




A further update. I`ve been trying to contact the court (Bromley) to get the Statutory Declaration in place since my post last night, all I`m getting is a prerecorded message that "there's an emergency situation on site & phones cannot be answered", which is exactly what you want to hear day after day when you have a time limit imposed upon you..

This is what I mean about how robotic British institutions have become, & it all seem to be geared to throwing obstacles in your way (remember, the website on the initial letter was invalid too).

And, lets say I manage to get the Declaration in place, & the ban lifted until a hearing, whats the chances I`ll get pulled over & arrested for driving with no licence because the police database has not been updated by the courts? Knowing how disjointed all the government systems seem to now be, I`d say pretty high.

Also found out that one of my 6 friends (of over 25 years) who currently have cancer, has suddenly taken a turn for the worst & is unlikely to last another week. And I`m not going to be able to go and see her with no car.

Anyway, I`ll give another update when I have one.

This post has been edited by a73uk: Thu, 17 Jan 2019 - 17:00
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Jlc
post Thu, 17 Jan 2019 - 17:07
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Alternatively, you can perform a SD in a number of ways. Most notably at a local Solicitor that can simply witness your statement - if they don't do it for free there might be a nominal charge (<£10).

You can then deliver the witnessed statement to the court.

This post has been edited by Jlc: Thu, 17 Jan 2019 - 17:31


--------------------
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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Churchmouse
post Thu, 17 Jan 2019 - 17:21
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QUOTE (Jlc @ Thu, 17 Jan 2019 - 17:07) *
Alternatively, you can perform a SD in a number of ways. Most notably at a local Solicitor that can simply witness you statement - if they don't do it for free there might be a nominal charge (<£10).

You can then deliver the witnessed statement to the court.

Most solicitors are happy to do this FOC for people they know, or work with--or hope to land as a client at some point (it's a minor hassle, but only takes a minute). Having a "stamp" makes the process a lot simpler, but many solicitors already have one in their desk drawer somewhere...

--Churchmouse
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southpaw82
post Thu, 17 Jan 2019 - 17:22
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QUOTE (Churchmouse @ Thu, 17 Jan 2019 - 17:21) *
QUOTE (Jlc @ Thu, 17 Jan 2019 - 17:07) *
Alternatively, you can perform a SD in a number of ways. Most notably at a local Solicitor that can simply witness you statement - if they don't do it for free there might be a nominal charge (<£10).

You can then deliver the witnessed statement to the court.

Most solicitors are happy to do this FOC for people they know, or work with--or hope to land as a client at some point (it's a minor hassle, but only takes a minute). Having a "stamp" makes the process a lot simpler, but many solicitors already have one in their desk drawer somewhere...

--Churchmouse

I do it for free because it’s a faff doing an invoice for such a small transaction. CBA.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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666
post Thu, 17 Jan 2019 - 21:58
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QUOTE (southpaw82 @ Thu, 17 Jan 2019 - 17:22) *
QUOTE (Churchmouse @ Thu, 17 Jan 2019 - 17:21) *
QUOTE (Jlc @ Thu, 17 Jan 2019 - 17:07) *
Alternatively, you can perform a SD in a number of ways. Most notably at a local Solicitor that can simply witness you statement - if they don't do it for free there might be a nominal charge (<£10).

You can then deliver the witnessed statement to the court.

Most solicitors are happy to do this FOC for people they know, or work with--or hope to land as a client at some point (it's a minor hassle, but only takes a minute). Having a "stamp" makes the process a lot simpler, but many solicitors already have one in their desk drawer somewhere...

--Churchmouse

I do it for free because it’s a faff doing an invoice for such a small transaction. CBA.

Every time (3 times over the years) I’ve had to swear an affidavit or have a document witnessed, the fiver has gone straight into the solicitor’s back pocket, with no mention of paperwork. No doubt it was done retrospectively to ensure that the appropriate tax was paid.

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southpaw82
post Thu, 17 Jan 2019 - 23:02
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QUOTE (666 @ Thu, 17 Jan 2019 - 21:58) *
QUOTE
I do it for free because it’s a faff doing an invoice for such a small transaction. CBA.

Every time (3 times over the years) I’ve had to swear an affidavit or have a document witnessed, the fiver has gone straight into the solicitor’s back pocket, with no mention of paperwork. No doubt it was done retrospectively to ensure that the appropriate tax was paid.

Technically it’s a reward for exercising a personal office so it doesn’t have to go through the firm’s books but still... Most of the ones I do are for other lawyers anyway (you can’t administer an oath for your own client or anyone in your firm) so it’s quid pro quo.


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a73uk
post Wed, 23 Jan 2019 - 08:58
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Ok, I finally got through to the court & explained the situation, she advised to requesting the case be reopened instead of a statutory declaration.

I've just written this


Dear Sir/Madam,

I received a letter telling me I had been disqualified in my absence for a speeding ticket. I had been led to believe that if there was a risk that I would be disqualified, I would be asked to appear, but I wasn't told when the court case was.

I suffer with social anxiety (medically diagnosed). This means I cannot function without my car, as I can't walk far in public, neither can I use public transport. I can't even do basic things like go food shopping. My children live 20 miles away, my parents 8 miles away, without a licence, I cannot see them.

I cannot go to my doctor or any hospital appointments without a car either.

My children's mother had also had a major operation 2 weeks ago and is currently recovering (has 6 weeks recovery off work & has to be careful). She has no local family or friends that can help her & I was looking after her and my children immediately after her operation. I am her only backup in case of emergency & I now cannot get to her in an emergency.

I have only been out once in the last 11 days (thanks to my brother picking me up to take me to my parents to eat) due to this disqualification, I am effectively under house arrest because of it.

I had hoped to appear in court to put these points across if I was at risk of a disqualification, in an effort to avoid an outright ban on medical grounds for obvious reasons, but I was given no date of the case being heard, so wasn't given the opportunity.

Because of this, I would like to request that the case be reopened to allow me to put my medical situation to the court, as a disqualification is effectively a prison sentence for me and very debilitating, in a way that isn't for most people who don't have my medical problem.

I would also like to ask to have any subsequent hearing closer to me, as, due to my medical issues, travelling to the other side of London is very difficult at the best of times, and impossible for me without a car.

Regards...



Can anyone see any issues with it?

Many thanks


This post has been edited by a73uk: Wed, 23 Jan 2019 - 10:56
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Jlc
post Wed, 23 Jan 2019 - 11:11
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QUOTE (a73uk @ Wed, 23 Jan 2019 - 08:58) *
Ok, I finally got through to the court & explained the situation, she advised to requesting the case be reopened instead of a statutory declaration.

Never get legal advice from a court... wink.gif (Or from the Internet... ninja.gif )

However, requesting the case to be reopened (under s142 Magistrates' Courts Act) is simply that - a request:

QUOTE
A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.


Whereas, they cannot 'deny' a SD if performed within time (if you were totally unaware of the hearing).

A request may work but there's only one guaranteed way.


--------------------
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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