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hs1
Hi, got this link from cavweb. Hope somebody can help or offer good advice, so thanks in advance.

I had got caught speeding in cornwall, in my dads car in june 06, by a mobile camera van. My dad received the inital form, as to whom was driving. This was completed and filled in and signed and sent back. Heard nothing from them until nov 06 with a court summons.

I write them a letter saying, the form was filled in and also a letter attached asking for photgraphs. Since that time i had not received or heard anything from them. They write back saying :
The letter dated 30th of November 2006, I quote:

“we would like to apologise for the inconvenience caused to you. Unfortunately the department forgot to send you the photographs”.



In the latter paragraph the letter states,

“have not received any forms or requests for photographs from yourself.”

I write back saying that did they or did they not recive the inital form and letter. My dad received another summons and a letter saying if you plead guilty, there's no need to come to court and also that they will drop the charge of failing to idenfiy the driver. I write back saying im little confused as to what the next steps are and could they clarify the above quote. They moved the trial to a different date, saying that prosection have. I write them another letter, saying that my dad would plead guilty to both charges, even though he was not the driver, and also could they respond to above quote .

They moved the date again, received a summons for new date, and i write to them, stating that i was driving and not my dad, and that i plead guilty to the charge. Got another letter, on dad's name, saying need to attend court, i write to them, saying that if plead guilty then no need to come to court, and also it was i who was driving. I telephoned them after receiving another letter, saying it was in our best interest to attend court otherwise the trial would still go ahead with two prosecution witnesses. The woman on the phone said that if i write in and sign the letter and my dad, to say i was driving then there will be no need to go to court. I got advice from a lawyer, who wrote the letter, both me and my dad signed it. I also wrote another letter along with htis to say that we have co-operated and no one has responded to the question that i ask about the inital form and letter regarding the phootographs.

Well, my dad received a letter yesterday, £415 fine and 3 penatly points. Court letter said they presumed my dad guilty and he was the driver of the car, which the pics shows as untrue.

What would be the next best step, i have seen there is a complaints department, so i am going to write to them. Any other helpful and useful info/advice would be much appreciated. Thanks.
The Rookie
Please be more detailed with who letters were written to, and what the summons was for.......

After recieveing his summons, did your dad reply to the court and plead not guilty, was the summons for S172 'failure to furnish' or speeding, if your Dad didn't plead not guilty he would be convicted (obvious really).

I/we can't give advise without understanding this better, and your post is VERY confusing!

Simon
hs1
Sorry Mate,

Basically i had got caught speeding in june 06 in cornwall, i was on my back to to Birmingham. The car i was driving is registered to my dad. A week later, my dad had received the form to say who was driving the car in excess speed of 70mph. Me and my dad filled in the form, signed, to say that i was the driver. I also write a letter, to say if they could post us the photgraphs. I was awaiting for a letter to come on my name but nothing ever did, nor did we hear anything about this unti nov 06.

That was when my dad received a court summons for speeding and failing to identify the driver of the car. I wrote a letter back to the court, saying that we recevied nothing from them after june, when the form was sent to them, until now. Also that with the form, a letter requested photographs of the car.

They sent a letter back along with pics of the car. But there letter stated two different things:

“we would like to apologise for the inconvenience caused to you. Unfortunately the department forgot to send you the photographs”.



In the latter paragraph the letter states,

“have not received any forms or requests for photographs from yourself.”

So i wrote back questioning this as to whether they had received the form and letter back in june. Also stating that i was driving and not my dad.

My dad received another letter, saying that if he pleaded guilty to speeding, then they would drop the charge of failing to idenfiy the driver. After this letter, we had both become a bit p**sd off, and my dad said he would plead guilty and get it over and done with. So we wrote them a letter saying that my dad pleaded guility to the charges of speeding and failing to identify the driver even though he wasnt.

They sen another summons, different date, and said that basically my dad had challenged the court, and would need to appear in court. Further to this i wrote them another letter saying i was driving not my father, stating names.
They wrote back to my dad saying it was vital for him to go to court, and if he did not turn up the hearing would take place with the two prosecution witnesess. I later then telephoned them and said i have stated that i was driving and not my dad, have pleaded guilty to the charges, yet you still want him to go to court. She said the camera unit have said that they have received anything from us back in june. I quoted the letter that they had sent about forgetting to send the pics. She then replied that i would need to speak to the camera unit people.
I took advice from a lawyer, who wrote a letter saying that i was the driver and not my dad. Also that the hearing to take place without us. This was signed by me and my dad. Further to this, to back our case up, i wrote that we have been very co-operative, and have responded to there every correspondence. Also yet they have failed to write back to me regarding if they did receive the form and letter in june, and assume they must have lost it.

A couple of days ago, a letter came on my dads name, with a fine of £415 and 3 penalty points, for failing to idenffy the driver and speeding. Also that the court assumed that my dad was the driver and thus why they have found him guilty. The pics clearly show that i was the driver and not my dad.

There is a complaints department at the court, which i will be writing to.

Could anybody offer any advice for what to do next or anybody been in a similar situation?

Thanks
The Rookie
OK to clarify writing to 'THEM' is no use if we don't know who 'THEM' are (courts, CPS or scammera outfit)

Did your dad respond with a not guilty plea to the summons to the Courts (HMCS) if not he was bound to be found guilty in the absence of a plea or attendance. Ypu can not respond to your dads Summons (well it will be ignored), your dad has to.

You say 'they' replied with pics of the car, the court wouldn't do that, the scammera outfit would/could, so are you sure you wrote to the court.......

If your dad was found guilty of failing to supply and Speeding, thats not right - you need to clarify but I suspect it was just failing to supply or he would have 6 points not 3!

You seem to mix up the courts and scammera outfit as being the same, they are not. Your Dad needs to appeal (you have 21 days) as long as he replied naming you as the driver (what was in the summons - that reply should have been in there as evidence) although you say you both filled in athe form which clearly says at the top its only to be filled in by the adressee.....

Simon
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