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El Criminale
post Thu, 14 Aug 2003 - 12:55
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I have 2 cases coming up - same camera same speed ( you would think I would learn) Its on a new bypass (so it was fitted before any information suggesting it was a blackspot). My predicament is one case I have a date for - 8th September, the other is at 28 days and 60 quid. They sent a letter to me stating Bloomfield and gave me the offer of a fixed penalty for the speeding part. I have now got the summons for the pre trial (8th September) for just the speeding, they have dropped 172. I have 3 points from 2 years ago already. If I wait to see how the case goes and I lose it will be too late to pay the fixed penalty for the second one which will then go the same way meaning probably a ban ie 2 x 6 points. I could pay the second offence fixed penalty and the find they throw out the court case meaning 3 more unnecesary points.

After all that background history heres my point

People with unsigned forms must be going to court every day even as you read this. What is happening to theses cases? surely not everyones case is pending. Perhaps its worth a few of us visiting the local courts and sitting in for an hour, as I said there must be such cases daily.

When we have more factual information on not what the law says but what is happening in court then we can all make calculated decisions

In the meantime anyone got any advice for me???


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post Thu, 14 Aug 2003 - 12:55
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Mika
post Sat, 16 Aug 2003 - 05:14
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Hi,

Following the Yorke and Mawdesely ruling, most solicitors are suggesting that the loophole is now closed for people who completed the Form themselves. I don’t necessarily agree with them and, as you say, we need a few people to fight this all the way.

I am also not sure that the courts have “caught up” with the Yorke and Mawdesely ruling yet, and have you read this post? rolleyes.gif

Were I in your position, I would save my money for an appeal, and probably send something like this to the CPS, after the pre-trial review.

Can I come to the pre-trial review? icon_wink.gif


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El Criminale
post Mon, 18 Aug 2003 - 12:10
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Mika
Dont know if your serious or not but your more than welcome to come to the pre trial.

I really dont know how to play this.

Heres the scenario

I turn up and say not guilty on the grounds that the form is not admissable.
Dont forget I'm in the dock now.
The magistrate says did you fill out the form?
If I say I dont want to say can they make me and hold me in contempt if I dont reply?
If I say no I did not fill out the form they then ask were you driving the car? same question as above
If I say yes they have a confession

Either A I filled out the form which is saying I was the driver
or B I did not fill out the form Now I'm in breach of S172

any ideas???

Has anyone else been to court yet???


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Mika
post Mon, 18 Aug 2003 - 12:33
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Hi,

Oh no you are not in “the dock now”. We need to talk about your case, and not on this discussion forum. Are you being prosecuted for a section 172 offence, speeding or both?

Firstly, there may not be magistrates present at a pre-trial review because it is just a meeting to discuss the evidence, icon_redface.gif and secondly the defendant has “a right of audience” in court.

Those with a right of audience, can address the court from anywhere in the court-room and there is no legal requirement for the defendant to take the stand or to answer question under oath.

“I am not here to answer your questions, but to defend myself against what I believe may be a malicious prosecution.”

It’s probably wrong to get quite so much pleasure out of this. rolleyes.gif

Please send me a private message that includes your phone number. icon_wink.gif


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El Criminale
post Wed, 1 Oct 2003 - 13:38
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Just wanted to revitalise my request. Has anyone been convicted in magistrates court when they offered the unsigned form and or the pace arguments, or is everyone having them dropped? This forum contains lots of posts from people with nips (no pun) asking for help but nobody seems to be posting what happened next. Surely some of these must have come to court by now?


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Mika
post Wed, 1 Oct 2003 - 13:51
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Hi,

I am not yet aware of cases that have actually come to court, but there are a few where the CPS has “given up”. icon_redface.gif


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