I didn't receive a NIP and being sent to court |
I didn't receive a NIP and being sent to court |
Thu, 8 Aug 2019 - 18:29
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#1
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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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Thu, 8 Aug 2019 - 18:29
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Fri, 6 Sep 2019 - 16:45
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#21
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
21 days is correct, and you have the confirmation so all is good.
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Mon, 9 Sep 2019 - 23:48
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#22
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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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Mon, 18 Nov 2019 - 11:08
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#23
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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)
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Mon, 18 Nov 2019 - 14:55
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#24
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Appealing the sentence.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 18 Nov 2019 - 16:29
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#25
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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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Mon, 18 Nov 2019 - 16:31
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#26
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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.
-------------------- Moderator
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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Mon, 16 Dec 2019 - 11:21
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#27
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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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Mon, 16 Dec 2019 - 12:26
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#28
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
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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Mon, 16 Dec 2019 - 13:37
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#29
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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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Mon, 16 Dec 2019 - 18:56
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#30
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
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. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Tue, 17 Dec 2019 - 09:46
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#31
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Member Group: Members Posts: 16 Joined: 8 Aug 2019 Member No.: 105,150 |
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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Tue, 17 Dec 2019 - 11:48
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#32
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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?
-------------------- Moderator
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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Tue, 17 Dec 2019 - 12:56
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#33
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
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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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 01:17 |