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Attachment of earnings.
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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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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Posts in this topic
- penfoldmole24   Attachment of earnings.   Tue, 25 Jul 2017 - 08:39
- - The Rookie   Contact your local court and arrange to perform a ...   Tue, 25 Jul 2017 - 09:26
- - Jlc   Yup, this is normal. The s172 offence usually occ...   Tue, 25 Jul 2017 - 09:51
- - andy_foster   The statutory declaration does not 'reset the ...   Tue, 25 Jul 2017 - 10:44
|- - cp8759   QUOTE (andy_foster @ Tue, 25 Jul 2017 - ...   Tue, 25 Jul 2017 - 14:47
- - penfoldmole24   Thanks for the responses. Looks like i will be wa...   Tue, 25 Jul 2017 - 15:10
- - Jlc   ...I believe the reference was possibly to the Pos...   Tue, 25 Jul 2017 - 15:33
- - NewJudge   QUOTE (penfoldmole24 @ Tue, 25 Jul 2017 ...   Tue, 25 Jul 2017 - 16:58
- - penfoldmole24   I phoned the court who issued the Attachment to ea...   Tue, 25 Jul 2017 - 17:42
- - NewJudge   No, it's OK if you've got your SD in train...   Tue, 25 Jul 2017 - 17:48
- - andy_foster   Not totally relevant to the thread, but I feel com...   Tue, 25 Jul 2017 - 18:56
- - penfoldmole24   Thought i would come back and update this thread. ...   Mon, 4 Sep 2017 - 15:02
|- - peterguk   QUOTE (penfoldmole24 @ Mon, 4 Sep 2017 ...   Mon, 4 Sep 2017 - 17:01
|- - TheDisapprovingBrit   QUOTE (peterguk @ Mon, 4 Sep 2017 - 18...   Tue, 5 Sep 2017 - 14:55
- - penfoldmole24   As it is now 9 days until the court date, and i ha...   Tue, 12 Sep 2017 - 12:39
|- - cp8759   QUOTE (penfoldmole24 @ Tue, 12 Sep 2017 ...   Tue, 12 Sep 2017 - 18:13
- - Jlc   Are you planning on fighting the speeding allegati...   Tue, 12 Sep 2017 - 12:53
- - penfoldmole24   I am, as there are a couple of people who could ha...   Tue, 12 Sep 2017 - 13:00
- - Logician   If you deliberately give false information about w...   Tue, 12 Sep 2017 - 13:15
- - Jlc   How can you fight a speeding allegation when they ...   Tue, 12 Sep 2017 - 13:18
- - penfoldmole24   Logician, thanks that puts my mind at rest. Jlc, ...   Tue, 12 Sep 2017 - 13:38
|- - Jlc   QUOTE (penfoldmole24 @ Tue, 12 Sep 2017 ...   Tue, 12 Sep 2017 - 13:48
- - penfoldmole24   Would i contact Hampshire Police, the courts, or C...   Wed, 13 Sep 2017 - 08:27
- - nosferatu1001   CPS as theyre the ones bringing the case, AIUI.   Wed, 13 Sep 2017 - 08:54
|- - Jlc   QUOTE (nosferatu1001 @ Wed, 13 Sep 2017 ...   Wed, 13 Sep 2017 - 08:55
- - samthecat   Just thinking out loud...... May be of use to the ...   Wed, 13 Sep 2017 - 13:16


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