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I didn't receive a NIP and being sent to court
helpmycase
post Thu, 8 Aug 2019 - 18:29
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Hi,

I was stopped by a police officer after making a wrong turn into a one-way road whilst carrying disorderly and rowdy passengers in my taxi. The officers took down my details and then passed the info on and was told I would be charged with driving without due care and attention. This was on the 05/05/2019.

Now I didn't receive any documentation till late last week and this was a Single Justice Procedure Notice which stated I was being charged with RT88575 and I had 21 days to plead guilty or not guilty. Now inside the pack I recived their is a witness statement saying the system says a letter was sent on the 24/05/2019 with a conditional offer of fixed penalty to my address WHICH I DID NOT RECIEVE.

Now I understand I made the mistake and do not deny that I am guilty but now I could be facing alot higher than the 3 points and £100 fine which I should have been offered. What should I write in my plea to convince whoever is looking at my case to give me the normal 3 points and £100 fine since I didn't get the opportunity and I don't know how to prove I haven recieved it.
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post Thu, 8 Aug 2019 - 18:29
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Logician
post Fri, 6 Sep 2019 - 16:45
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21 days is correct, and you have the confirmation so all is good.


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helpmycase
post Mon, 9 Sep 2019 - 23:48
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Perfect I will await their response.

I have to pay the fine by the 17th should I phone them and make them aware I won’t be paying since I have sum items an appeal or just wait for a response?

I appreciate all the help provided so far thanks
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helpmycase
post Mon, 18 Nov 2019 - 11:08
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I received a reply to my email on the 15/11/2019 which is as follows:

Thank you for your email. Please find attached, a notice of appeal, for you to fill in all sections that apply and return to this court. Your appeal will then be processed and sent to the relevant Crown Court. You will be notified by the Crown Court of your hearing date for the appeal, in due course.


I was provided with the appeal form but I am struggling on how to fill it out. Should I be appealing the sentence or the order and what court should I apply to. If anyone is able to help me it would be greatly appreciated.

Thanks
Attached File(s)
Attached File  notice_of_appeal_for_sentence__1_.pdf ( 138.72K ) Number of downloads: 31
 
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The Rookie
post Mon, 18 Nov 2019 - 14:55
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Appealing the sentence.


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helpmycase
post Mon, 18 Nov 2019 - 16:29
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Should I state the same reason's I provided in the re-opening request which you can find below:

I am writing to request that the case be reopened under s142 Magistrates' Courts Act as it is in the interests of justice to do so. The reason for this is that the court failed to follow the guidance given in the Magistrates Courts Sentencing Guidelines page 453. I was offered a Conditional Offer of Fixed Penalty for the offence but due to non-delivery of the NIP was unable to accept the offer. The first documents I received connected to this offence this was the Single Justice Notice in which it states in the witness statement of Danielle Craig the Nip was sent on the 24/05/2019 via Royal Mail.
This was an administrative reason unconnected with the offence, the circumstances covered by the guideline referred to above and therefore the starting point for consideration of sentence should have been the equivalent of the fixed penalty, not the guideline for careless driving, as appears to have been the case.


Should I use this or something completely different I don't have a clue where to start honestly and I appreciate any help
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southpaw82
post Mon, 18 Nov 2019 - 16:31
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If you’re appealing to the crown court then you’re not asking for the case to be reopened under s 142. Otherwise, your reasons are the same, i.e. the lower court didn’t apply the sentencing guidelines.


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helpmycase
post Mon, 16 Dec 2019 - 11:21
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I have tried contacting the court in order to understand why my case was not repopened and rather just told to appeal via crown court.

One of the emails in the thread is 'this email is for appeals but he entered a guilt plea' this was sent by someone in the office to another colleague. I want to know can i rerequest the reopening of my case under s142 or should i just appeal to court?
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NewJudge
post Mon, 16 Dec 2019 - 12:26
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If you submit an appeal to the Crown Court now it will in all probability be rejected because you should lodge your appeal within 21 days of conviction.

There seem to be big gaps in your activities on this. Nothing seemed to have happened between the 9th September and the 18th November, then nothing between then and today. I doubt the Crown Court will accept your appeal. You need to contact the convicting court because it seems to me your only realistic avenue to success is to secure a re-opening under S142. You can cite the delays caused by you being given the wrong e-mail address and also being given instructions on how to appeal when you di not want to do so.
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helpmycase
post Mon, 16 Dec 2019 - 13:37
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Perfect I will go ahead and do this

This post has been edited by helpmycase: Mon, 16 Dec 2019 - 13:38
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andy_foster
post Mon, 16 Dec 2019 - 18:56
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QUOTE (helpmycase @ Mon, 16 Dec 2019 - 11:21) *
I want to know can i rerequest the reopening of my case under s142 or should i just appeal to court?


I thought that you had already requested that they re-open the case in the interests of justice and they refused (apparently on the flawed grounds that you pled guilty).

You had 21 days to lodge an appeal to the Crown Court. That seems to have long passed. You would now need permission to lodge an appeal out of time. Presumably your grounds for doing so would be that English is not your first language and you were confused by the process.


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helpmycase
post Tue, 17 Dec 2019 - 09:46
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I was sent this

Dear Mr ----

Thank you for your email. Please find attached, a notice of appeal, for you to fill in all sections that apply and return to this court. Your appeal will then be processed and sent to the relevant Crown Court. You will be notified by the Crown Court of your hearing date for the appeal, in due course.



Yours sincerely,


Internally they sent this to themselves in the email thread:

This is for appeals he entered a guilty plea


Did they follow the guidelines for re-opening and what should i do next.

I appreciate all the help
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southpaw82
post Tue, 17 Dec 2019 - 11:48
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I’m not sure what you mean by “guidelines”. Whether to re-open a case under s 142 or not is a judicial decision to be taken by the court (note: not court staff) and the court has a wide discretion. It would be very difficult to challenge such a decision unless it was plainly wrong. Has anyone told you whether your request under s 142 has been considered and any reasons for it being dismissed?


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NewJudge
post Tue, 17 Dec 2019 - 12:56
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Yes, you need to contact the Magistrates' Court. Thank them for the appeal form but explain that it is not your intention to appeal. Ask them whether your request for re-opening has been put before Magistrates. It probably hasn't because you should be invited to attend and explain why you want the case re-opened. If they mention anything about your guilty plea, explain to them that it is not your conviction you would like revisited but your sentence.

This post has been edited by NewJudge: Tue, 17 Dec 2019 - 13:28
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