Hi all,

Pleae help me as your knowledge will be essential to me.

Alledged offense sp30 21st august 2006

noip (not received) 25th september

follow up letterb (not received) 30th October

Summons (not received) for 21st march 2007

Summons delivered by police saturday 26th may for a proposed court date of 30th may

I pleaded not guilty and adjourment letter arrived 7th june for a 31st july court date.

additional information.

The address on all the corespondance is wrong, the road name is incorrect. When the police delivered the summons and court information on a bank holiday saturday that would have given me 1 working days notice until court. The summons had a sticky label over the address and tip ex for the court date and time.

How can i defend myself in court?

Why didn't you receive any of the paperwork? Have you moved recently or are your details wrong at the DVLA? Can you fill in point 5 of my signature please.

Scanning the summons, removing any personally identifying features and posting it up would probably save a lot of (firefly's) time.

If the address on all the correspondance is wrong, then you need to check your cars V5 (registration document) to see if thats correct, the summons sounds like not failure to produce (ins/tax /mot etc) but failure to 'furnish' drivers details. If you can show the request was sent to the wrong address, and that even the summons you have was re-addressed by hand, that should be all the evidence you need regardless as you can't reply to something you havn't recieved so have a pretty cast iron defence. However if the reg doc has the wrong address, thats a seperate offence!

Simon

its a company car and my company filled in the details in response to the request but when the data was then used the road name and number was spelled incorrectly. hence why i didnt recieve it.

In which case its almost certain you will be found not guilty...

The first hearing date will be for you to plead, so you may not wish to give anything away if your still within 5 months of the original alleged offence as they can then still ask you who was driving and take it forward normally.

When you get to trial you cannot be found guilty of not responding to something you haven't recieved so pointing out that the address is wrong, taking the stand and swearing under oath that you didn't recieve it will see a not guilty plea.

Can I ask why you think your company got the address of one of its employees wrong?

Simon

my company did provide the right information but whoever then transfers this information to send out the paperwork from the police etc obviously copied it over incorrectly.

OK do you KNOW the company provided the right info, or is this an assumption, if this is genuinly the case, I would suggest writing to the CPS pointing out that you cannot have replied to a request that wasn't served, that it was the scammers fault and that you don't think its in the public interest for them to waste any more time and money pursuing it, send special delivery and then chase it up with a phone call a few days later to make sure someone has actually READ it rather than filed it, copy the same to the courts.

If they persist they have an absolutely zero chance of succeding!

Simon

Hi Michael.You state that tipp-ex was over the court date.If the date has been altered using tipp-ex(or any correction fluid),then the paperwork is illegal as tipp-ex is not allowed on a legal document,so you have another point to raise with the c.p.s. and/or court.More ammunition in your favour

thanks guys

am i right in saying i should have had all the evidence 7 days prior to the court date?

All evidence should be given to you at least a week before the trial proper.

They seem to be making a right pigs ear of this one.

thanks, prosecution offered no evidence and i was free to go.

Excellent. I found a report somewhere about how many court hearings the CPS waste by doing this sort of thing somewhere. I'll dredge it up.

Well done that man.Another case success story.Don't you just love it when you challenge the bigboys and win?.

Excellent result. I hope you are claiming your costs.