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Court Summons
tomtomtom
post Sun, 16 Jun 2019 - 04:39
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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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post Sun, 16 Jun 2019 - 04:39
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The Rookie
post Sun, 16 Jun 2019 - 05:42
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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


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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The Slithy Tove
post Sun, 16 Jun 2019 - 08:14
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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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tomtomtom
post Sun, 16 Jun 2019 - 18:18
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QUOTE (The Slithy Tove @ Sun, 16 Jun 2019 - 09:14) *
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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Jlc
post Sun, 16 Jun 2019 - 18:21
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Were they signed and unequivocal?

QUOTE (tomtomtom @ Sun, 16 Jun 2019 - 19:18) *
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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Churchmouse
post Sun, 16 Jun 2019 - 19:03
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QUOTE (tomtomtom @ Sun, 16 Jun 2019 - 05:39) *
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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