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penfoldmole24
post Tue, 25 Jul 2017 - 08:39
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Good morning,

I have recently found this website and am just after some advice.

Last week I received an attachment to earnings request from A court in Poole. I phoned the number on the form and was informed that i had been found guilty in court of failing to provide drivers details. This is for a speeding offence which apparently happened in October 2016. Around about that time, due to a marriage breakdown, both me and my wife had left the address my car was registered at, so never received any of the letters from the police. From what the person said on the phone i was doing 79 in a 70, and was caught by one of those police speed camera vans. From what i remember them saying on the phone, the original letter was sent around about the 10th October, but as mentioned earlier, both myself and my wife had moved out of the house by then (we moved out 4th Oct). When I informed them of this, they said I would need to go to court and give a statutory declaration to say I never received any letters, which I never have. They also said that the process would restart and I would be sent a new first letter (not sure of terminology).

When looking at my drivers licence details on-line after speaking to the court, i can see that i have been given 6 penalty points and a £660 fine, as shown in attached screenshot. To my untrained eye, the dates i was told on the phone the original letter was sent, and the date i was convicted of the offence seem to be very close together (about a month).

Can anyone tell me a rough timeline for the process (time from first letter to being taken to court), and whether, after i have given my statutory declaration, the points and fine will come off my licence.

And if anyone can give advice moving forward from the statutory declaration it would be a godsend.

Your help in this matter is greatly appreciated.
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post Tue, 25 Jul 2017 - 08:39
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Jlc
post Tue, 12 Sep 2017 - 13:48
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QUOTE (penfoldmole24 @ Tue, 12 Sep 2017 - 14:38) *
Jlc, could you elaborate on what you mean, ie they have no evidence?

They need to present evidence as to the driver. Given the other charge (s172) is for failing to furnish driver details...

This post has been edited by Jlc: Tue, 12 Sep 2017 - 13:49


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Tue, 12 Sep 2017 - 18:13
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QUOTE (penfoldmole24 @ Tue, 12 Sep 2017 - 13:39) *
As it is now 9 days until the court date, and i have yet to receive anything showing the alleged offence of speeding, do i go to court and plead not guilty to both offences? Is that the only way i will be able to see what evidence they have?


No, you should phone the prosecution and ask for the initial details of the prosecution case (make sure to follow this up with an email or letter), they are then obliged to disclose their evidence to you. Once you have received their evidence, let us know what they have and we'll advise.
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penfoldmole24
post Wed, 13 Sep 2017 - 08:27
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Would i contact Hampshire Police, the courts, or CPS? Can't seem to find the answer anywhere.
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nosferatu1001
post Wed, 13 Sep 2017 - 08:54
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CPS as theyre the ones bringing the case, AIUI.
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Jlc
post Wed, 13 Sep 2017 - 08:55
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QUOTE (nosferatu1001 @ Wed, 13 Sep 2017 - 09:54) *
CPS as theyre the ones bringing the case, AIUI.

Aye, I'd start here.


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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samthecat
post Wed, 13 Sep 2017 - 13:16
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Just thinking out loud...... May be of use to the OP........

Evidence comes through and OP either

1) realises it was them driving
2) is able to name a different person who was driving
3) has no idea who was driving

Number 1 is easy, plea bargain for the speeding in return for the 172 being dropped.

Number 2 OP can't be convicted or plead guilty to speeding but would they have satisfactorily complied with the 172 request by providing the drivers details as soon as practicable? I guess not and it would be too late to bring a charge against the driver.

Number 3 leaves the OP to defend against the 172 charge.

This post has been edited by samthecat: Wed, 13 Sep 2017 - 13:17


--------------------
If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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