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Lesvosace
Hi Guys, I am a first time poster but not a first time viewer of this site. Frstly May I congratulate all involved on making a truly remarkable and useful website.

OK I start with my story, I understand its complicated so I'll try and keep it as simple as possible for now and answer any questions as well as i can.

On the 30/12/2009 I appeared in court to discuss being disqualified under the totting up rules. I appeared and plead exceptional hardship but failed. However while in I was told I had been found guilty in my absence of failing to provide info and given 6 points at a court in northwich (I was in Runcron mags at the time).

I was unaware I had ever been summoned to northwich court as i had recieved no summons or NOIP. I told the mags this and was told I'd have to make a statutory declaration at warrington magistrates, as they dont do them there (which I later found out to be a complete lie). Anyway I was banned from drivng under the totting up rules for 6 months. I phoned Warrington mags immeditely and was told I could appear on the 13th of January to make my stat dec before the mags. I went along and made my declaration and had the points removed.

On returning home my wife needed to attend hospital. She had been pregnant but sadly she suffered a miscarriage, she needed an operation that same afternoon. I phond warrington mags court and asked since i had made my stat dec was the ban now null and void? I was told effective immediately the points where removed and i was ok to drive. I wanted to make sure as the last thing I wanted was to be pulled over while taking my destraught wife to hospital.

A few days later (22/1/2010) while waiting outside my daughters school to collect her. A traffic police car pulled up in front of me. The officer came and asked me to join him in his car. I agreed. He asked if I knew why my car was showing as havng a disq driver. I explained abput thepoints and the stat dec and that I'd been tol I was now cleared to drive by the court. The officer was very proffesional and said he believed me but needed to confirm what i was saying. He called warrington mags court who initially said I had failed to attend court. I was horrified. I told him I certainly did attend but I had no paperwork to prove it. Eventually the court admitted I had atteneded and made the declaration but they hadnt faxed the necessary paperwork over to the dvla etc. The officer apologised for the inconvience an embarrased I had been caused and suggested I requested compo from the court. He also gave me a stop form to show if I was pulled over again regarding this. He wrote "inc no. 50 of 22/1/2010 ANPR shows poss disq driver. Driver is NOT disqualified and a mistake from court over D/L has happened". The form came in handy as i was stopped a couple more times. Each time I showed the form and recieved an apology from the police. I phoned the courts to enquire why this was still happening they claimed they had faxed the forms. The Dvla claimed they hadnt. The court admin and I were on first name terms by this point.

Anyway on the 19/5/2010 I was stopped while taking my daughter to hospital for a kidney scan. I couldnt believe it as it had beens months since I had last been stopped and i had assumed everything was sorted once and for all. I got out of my car and realised I would be dealing with an officer who i had met before and found to be arrogant and unprofessional. He greeted me, "Alright Craig, heard you might be disqualified (Suppose at this point I should make it clear I drive a yellow BMW 318 ti, quite individual not many around). I told him he was wrong but he said he would double check and let me go back to my car. He followed me for about another 5 mins then pulled me over again. He said I was disqualified and he would be seizing my car. On this occasion I had forgotten my wallet which contaned the original stop form. I pleaded with the officer to simply phone the courts who would confirm what i was saying but he refused claiming he didnt need to. I suffer with M.E which makes me prone to panic attacks when I get stressed. Needless to say this officers behaviour caused me to have one at the side of the road. My wife and daughter forced to walk a good mile to the nearest pub to phone a taxi to the hospital. The officer insisted I was putting it on. He tried several times to haul me into his car. I was barely conscious at this point. Eventually he must have called an ambulance. Ironically next thing i know I am in an ambulance on my way to A&E at the same hospital I was taking my daughter too. My car keys gone and a stop form in my pocket. Upon returning home I phoned to complain about this officer. Explaining my reasons and demanding an answer from the police. My father had in the mean time released my car from the impound. I figured it best not to drive my car anymore until the issuse was sorted out. My original ban expired in 6 weeks or so anyway. A few days later I recieved a phone call from a police sergant. He said it appeared a mistake had been made though he was unsure who was to blame at that stage but he offered to get my costs for releasing my car reimbursed. I was more interested in what was to happen to this officer who caused all the problems. Though as expected the police protected him by claiming he wasnt to blame etc etc. My father never claimed his money back. He is reasonably well off and was just glad I wsant going to be in any trouble.

However today 17/11/2010. I recieved a requisition telling me i am to be charged wth driving while disqualified and driving with no insurance. I must appear on the 9/12/2010 to enter a plea. I am in complete shock about this and would appreciate any advice you guys could give me. I understand its complicated but I just want to know what I should do next.

Thanks for tsking the time to read ths and for any advice offered in advance.

craig
Top Cat
Something doesn't add up.

When you were in court on 30/12 is there any connection between the totting up and the guilty for failing to provide info?

Had you already accumilated 12 points and THEN found out about the failure to provide , or was it the failure that put you to 12 points?

Logician
QUOTE
On the 30/12/2009 I appeared in court to discuss being disqualified under the totting up rules. I appeared and plead exceptional hardship but failed. However while in I was told I had been found guilty in my absence of failing to provide info and given 6 points at a court in northwich (I was in Runcron mags at the time).

So if your exceptional hardship plea failed, were you not given a 6 months ban by Runcorn?

Then you went to Warrington and made a stat dec about a conviction for s172 at Northwich, which resulted in the Northwich proceedings being set aside, but did that just disappear, or were you summonsed again for that matter, as should have happened?


Durzel
Very confusing. OP was apparently in court "to discuss" (?) a totting up ban, pleaded exceptional hardship "but failed" and was told coincidentally that he had received another 6 points in Northwich? So the OP was on between 12 and 18 points after leaving Runcorn court ?

Also this M.E - I assume it has been diagnosed by a doctor?

It sounds at face value as if you are actually banned (from totting up, by Runcorn) and the first officer merely verified what you said about completing a statutory declaration - which you had - and got confused because you were banned regardless of these 6 points, and after you had this letter subsequent officers didn't even bother verifying exactly how many points you had.

The last officer, who knew you by name (reputation?) was obviously prepared to dig deeper.

Is that about the size of it?
jobo
QUOTE (Durzel @ Thu, 18 Nov 2010 - 16:36) *
The fact the last officer knew you by name (reputation?) doesn't inspire confidence in the 100% accuract of the story if I'm honest.


thjats a bit sweeping, the police know me by name,

i read it as,,,, he was invited to court re a tot ban,, up on getting there they told him that he had 6 points he didnt know about and it was these 6 points which would take him to twelve, dont forget not every one is as tune in as us to the law,


of course the op has posted and disappeared, why do they do that ? and it may be hours or even days before he clarifies for us
Durzel
QUOTE (jobo @ Thu, 18 Nov 2010 - 16:44) *
QUOTE (Durzel @ Thu, 18 Nov 2010 - 16:36) *
The fact the last officer knew you by name (reputation?) doesn't inspire confidence in the 100% accuract of the story if I'm honest.


thjats a bit sweeping, the police know me by name,

No smoke without fire? Anyway I edited it before you posted. wink.gif

QUOTE (jobo @ Thu, 18 Nov 2010 - 16:44) *
i read it as,,,, he was invited to court re a tot ban,, up on getting there they told him that he had 6 points he didnt know about and it was these 6 points which would take him to twelve, dont forget not every one is as tune in as us to the law,

That doesn't make much sense. He was in court to discuss exceptional hardship for an totter he didn't know he had until he got there?
Mayhem007
We generally offer advice to people to assist in a defence and this will be no different in your case.

However, ultimately I would suggest you get a solicitor as I wouldn't wish to see you suffering from stress

and believe me defending yourself is quite a stressful ordeal, far greater then the ordeal you experienced with the

numbskull in the blue uniform.

Had you come on here sooner I could have advised on your disqualification predicament, as I have experienced the suspension of a driving disqualification, unfortunately the horse has already bolted.

My driving ban was suspended and the DVLA was informed the next day, I then spoke to the police at main headquarters who were aware of this, and subsequently updated their database. I used to carry the high court judgement as proof...I no longer bother.

You are innocent of all charges and therefore I would suggest you get corrolate all your information and handover to a solicitor. Also, contact the DVLA to see if they have been advised that you were entitled to drive. The disconnection may be between the DVLA and the police database, rather than the magistrates and the DVLA.

Sorry to hear what you went through, you certainly have been harshly treated.
Lesvosace
Not disappeared had to go get ready to go to work. Yes he knew me by name and i assume didnt like me for some reason, probably because I dont take kindly to bullies.
He claims he seen my car on a list of possible banned drivers. I assume he was hoping to run into me driving by chance. However he did follow me basically form my front door.

ME yes diagnosed

The 6 points put me on twelve. I only appeared once to discuss banning
me under totting up. I had plead guilty by post. to a speeding offence. Only then did i become aware of the 6 points at northwich (when i attended court).

No it didnt disappear, I am due in court on the 3rd i think for trial on my not guilty plea to the failing to provide info.


I am an honest person, I never lie if i am guilty of something i admit it. Hence my other points. Why would i lie to you guys. I am looking for advice. Pretty pointless if i dont tell you everything I know, no?

I gotta go now but please feel free to reply. I'll check up when i get home.
jobo
so i was right then ?

Durzel
QUOTE (Lesvosace @ Thu, 18 Nov 2010 - 16:54) *
The 6 points put me on twelve. I only appeared once to discuss banning
me under totting up. I had plead guilty by post. to a speeding offence. Only then did i become aware of the 6 points at northwich (when i attended court).

How many points do you believe you are on now (now that the statutory declaration has voided the 6 you received from Northwich)
roadrunner 163
this has been asked but to make sure...

Were you summonsed - received a written charge and requisite ( I didn't know Cheshire had taking these up yet.. ) to attend court. If so what was the written charge back in 2009 and would this offence put you up to or over 12 points on your licence for totting up purposes.?

you made a statutory declaration that you never received the NIP etc.. which meant that the guilty verdict was removed and you woould be required to attend the courts for a retrial. 11 months on you SHOULD have been back to court over this matter... What happened the second time around.

Is your driving licence in your current address or at least an address were you will receive post?

Do the courts have the correct address?


scotch
Just to clarify things,
As I understand
I'm assuming that prior to 30/12/2009 you thought you had at least 3 points on your driving licence.

You then committed a speeding offence, which you pleaded guilty by letter and expected a further 3 points, making a total of at least 6 points.

You then received a summons to attend Runcorn Mags to consider being disqualified under totting-up.(alarm bells?)

You then attended Runcorn Mags on 30/12/09 and found out you had been given 6 points by Northwich Mags at an earlier date for failing to furnish details, in your absence.

You were found guilty by Runcorn and given a 6 months disqualification under totting up.

You then attended Warrington Mags on 13/01/10 , made a statutory declaration and apparently had the 6 points from the FTF removed.

The FTF case is still ongoing and due to go ahead for a Not Guilty hearing on 3/12/10.

However you were stopped on the 19th May and dealt with as being suspected of driving whilst disqualified and having no insurance.

You have now been summonsed to attend court to answer charges of Disqual Driving and No Insurance.


It appears that there has been a break down between Warrington Mags and the DVLA by not removing the 6 points.

By not removing the 6 points and "undisqualifing" you, the police officer who dealt with you on the 19th May had reasonable suspicion that you were in fact disqualified and consequently did not have insurance, he would have undoubtedly checked with DVLA through the Police National Computer and was duty bound to deal with you for these offences.

It appears he was going to arrest you but you fell ill and rightly an ambulance was called to take you to hospital and under current procedure your car was seized as it was suspected you had no insurance as you were disqualified.

My criticism would be directed at Warrington Mags and DVLA for failing to update your Driving Licence record, rather than the police.

You need to verify through DVLA what your current driving licence status is.
roadrunner 163
I cant imagine its taken or would ever take 12 months to address the stat declaration. which means its possible that the OP has missed that court appearance, been found guilty again and is disqualified again.
CuriousOrange
The OP says they're due in court early next year for the S172 offence, so it's not that.




Breaking it down even more simply:  

- The OP got disqualified by Runcorn magistrates for reaching 12 points

- Warrington magistrates then removed six of those points due to the statutory declaration.

The big question is whether the removal of the six points automatically nullifies the disqualification ordered by Runcorn magistrates or not??

The OP (edit: and the original officer) asked the Warrington magistrates whether his ban still applied, not Runcorn magistrates (who are the ones who actually banned him).

I haven't a clue myself, but I'm sure that's the crux of the matter.
CuriousOrange
Checking the RTOA:

QUOTE
35. Disqualification for repeated offences.— (1) Where—
(a) a person is convicted of an offence to which this subsection applies], and
(b) the penalty points to be taken into account on that occasion number twelve or more,
the court must order him to be disqualified...
At the time of the Runcorn hearing, the six S172 points were valid.

QUOTE
42. Removal of disqualification. — (1) Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.
Thing is, it's not like revocation where it's admin on the part of the DVLA and the courts aren't directly involved.

My understanding is that if a court disqualifies someone under totting (or otherwise) then that information gets passed on to the DVLA, same as with any disqualification. If (as in this case) some relevant points get removed I don't see that the DVLA automatically reinstate the licence any more than they automatically remove it unless told otherwise when someone hits twelve. It seems like they'd only remove a disqualification if told to by the magistrates who made it in the first place.

Under (42) above, the OP had to apply to Runcorn as they're the ones who disqualified him, yet he never contacted them at all. Warrington magistrates didn't have the authority to remove the disqualification or to tell him he was no longer disqualified as it was nothing directly to do with them.

As Scotch says, the OP needs to contact the DVLA foremost to establish what his driving licence status was at the time of the offence.

Lesvosace
Ill try to clear things up a little further.

After making the stat dec, The requistion to appear again at northwich was again sent to the wrong address. THis time by previous address from which i moved about 2 weeks after the initial stat dec (the NOIP was sent to an address i ha never lived. Mistakenly recorded as 28 not 26 by the dla after buying my car through peoples. I have evidence proving peoples gave the dvla the correct address. I was found guilty in my absence again. Subsenquently after the incident of being stopped and having my car seized again I found out that i had been given 6 points for failure to furnish again. Attended a hearing in runcorn to "discuss all matters" made a stat dec again and had the points removed again. After which they in the ultimate wisdom prosecuted me again for failure to furnish. I pleaded not guilty and am appearing again next month for a trail. My defence is based on the time lapsed now making in unreasonable to ask me to identify the driver. section 172.7b i believe.

The problem is cheshire police are now trying to prosecute me for driving with no insurance and driving whilst disqualified. On the 19th of may. I had representation on my last appearance in runcorn to dscuss all matters and believed this situation was resolved. Now out of the blue 6 months after the incident took police cheshire police are prosecuting me again.

My licence returned from the dvla clean after the ban i ws originally given ended. I contacted them numerous times duing the time i was originally banned. Everytime they said the court hadnt faxed them the details to remove both the tt99 and the failure to furnish code. Whatever that is. The court at northwich each time when requested by me faxed said details to the dvla. I must point out this time was one of great stress and upset for myself. I was ill, my wife had suffered a miscarriage and I lost my grandfather suddenly all in the space of a few months. I believe I gave the organisations involved more than enough chances to get things right and confirm what was going on. In January i was told both by the police and the courts that i was no longer disqualified. The fact I was given more points in my absence again is irrelevant. If i was to be isqualified again surely I would have been invited to discuss this again as i was in december 2009.
CuriousOrange
No, it just makes matters more confusing.

QUOTE (Lesvosace @ Thu, 18 Nov 2010 - 16:06) *
On the 30/12/2009 I appeared in court to discuss being disqualified under the totting up rules...I was told I had been found guilty in my absence of failing to provide info and given 6 points at a court in northwich (I was in Runcron mags at the time). I was unaware I had ever been summoned to northwich court as i had recieved no summons or NOIP. I told the mags this and was told I'd have to make a statutory declaration at warrington magistrates, as they dont do them there (which I later found out to be a complete lie). Anyway I was banned from drivng under the totting up rules for 6 months. I phoned Warrington mags immeditely and was told I could appear on the 13th of January to make my stat dec before the mags. I went along and made my declaration and had the points removed... i phond warrington mags court and asked since i had made my stat dec was the ban now null and void?
QUOTE (Lesvosace @ Fri, 19 Nov 2010 - 10:56) *
Attended a hearing in runcorn to "discuss all matters" made a stat dec again and had the points removed again. After which they in the ultimate wisdom prosecuted me again for failure to furnish...I had representation on my last appearance in runcorn to dscuss all matters and believed this situation was resolved.



Warrington found you guilty in your absence for failing to provide. Runcorn gave you a totting ban.


Runcorn didn't lie when they told you they 'don't do them there' - they'd do stat. decs, but only for their own convictions. The stat.dec. for this sort of thing has to be made to the convicting magistrates, unless someone here knows some law that says different.

The stat. dec. had to be made to Warrington. The application to have the disqualification removed had to be made to Runcorn.

In your first post you said you applied for the stat.dec. at Warrington but also asked them if you were still banned. Now you're saying you applied for a second stat.dec. at Runcorn for the Warrington verdict??

I don't see how a case that was originally heard at Warrington got moved to Runcorn (you're suggesting the hearing for the S172 is now at Runcorn).

"I had representation on my last appearance in runcorn to dscuss all matters and believed this situation was resolved." - your post makes it sound like this hearing was after the stop on the 19th.

Runcorn gave you the ban. What you need is confirmation from Runcorn that they removed the ban prior to the 19th (the date of the alleged offence).


jobo
QUOTE (CuriousOrange @ Fri, 19 Nov 2010 - 12:57) *
The stat. dec. had to be made to Warrington. The application to have the disqualification removed had to be made to Runcorn.


that isnt to my understanding, you can make a stat dec at any court, not just the one which made the conviction/ ban in the first place

if the court told him he wasnt banned any more then he wasnt banned any more, that the dvla didnt bother to up date its records is just par for the course

op

id start by ring the srgt you have been dealing with as he clearly is of the opinion you went banned and see if he can help, you have a paper trail of docs showing a ban wasnt in place and if that doesnt work id get myself a solicitor who might be able to head it of with the cps, and as driving whilst DQed is inprisonable and i wouldnt take a chance of the mags taking a stupid decision
CuriousOrange
Magistrates' Courts Act 1980 (c. 43) S.14

QUOTE
(1) Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—
(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and
(b) within 21 days of that date the declaration is served on the designated officer for the court,
without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.



My emphasis - the stat.dec. has to be served on the officer of the court which began the trial. That also ties in with http://www.justice.gov.uk/statutory-declaration.pdf  which states "Send or give the completed declaration to the magistrates’ court office at the court which heard the case" (their emphasis).

QUOTE
if the court told him he wasnt banned any more then he wasnt banned any more
If Runcorn magistrates ban him but Warrington magistrates tell him "over the phone" (so we don't even know exactly who told him) that he isn't banned, then he isn't banned any more? On what basis??

Everyone, OP, police officer, police sgt and the like seems to be going on the assumption that '6 points voided by one court' = 'ban imposed by other court also voided', yet no-one's provided anything at all to say this is so.

jobo
you miss using english to make a point, the act doesnt differentiate between different branches of the mags, THE court is the ( mags) court system, not one local version of it it, if he had it overturned in the high court would he have to go back to runcorn mags, i dont think so

having removed the 6 poiints the court can also remove the ban at the same time

this link doesnt work

http://www.justice.gov.uk/statutory-declaration.pdf
CuriousOrange


Well, this late in the day, I only have time to beg to differ. The link works fine for me, and it opens up a Statutory Declaration form which states it has to be sent or given to the magistrates’ court office at the court which heard the case. The RTOA states that a disqualified person can apply to the court which made the disqualification to have it removed; I don't buy that means any magistrates' court, and I don't see where, having made a stat. dec., the voiding of the sentence for that offence means a ban made by another court during the hearing of a different offence is automatically lifted. And the OP hasn't yet said that when he made the stat.dec to Warrington that they formally lifted the ban there.

And aside from this it sounds like at the time of the 19th he had already been given the six points again due to missing another hearing, so he was back on twelve though whether they re-banned him in his absence or they never formally lifted the ban in the first place God only knows.

Lesvosace
QUOTE (CuriousOrange @ Fri, 19 Nov 2010 - 12:57) *
No, it just makes matters more confusing.

QUOTE (Lesvosace @ Thu, 18 Nov 2010 - 16:06) *
On the 30/12/2009 I appeared in court to discuss being disqualified under the totting up rules...I was told I had been found guilty in my absence of failing to provide info and given 6 points at a court in northwich (I was in Runcron mags at the time). I was unaware I had ever been summoned to northwich court as i had recieved no summons or NOIP. I told the mags this and was told I'd have to make a statutory declaration at warrington magistrates, as they dont do them there (which I later found out to be a complete lie). Anyway I was banned from drivng under the totting up rules for 6 months. I phoned Warrington mags immeditely and was told I could appear on the 13th of January to make my stat dec before the mags. I went along and made my declaration and had the points removed... i phond warrington mags court and asked since i had made my stat dec was the ban now null and void?
QUOTE (Lesvosace @ Fri, 19 Nov 2010 - 10:56) *
Attended a hearing in runcorn to "discuss all matters" made a stat dec again and had the points removed again. After which they in the ultimate wisdom prosecuted me again for failure to furnish...I had representation on my last appearance in runcorn to dscuss all matters and believed this situation was resolved.



Warrington found you guilty in your absence for failing to provide. Runcorn gave you a totting ban.

No it was northwich who found me guilty in my absence. I was called to runcorn to dscuss being banned under totting up. Where I found out about the northwich conviction, I was then told I would have to attend warrington to make the stat dec. say its a lie because i have now made a stat dec at Runcorn regarding the same charge. 2nd time i was represented, first time i wasnt.



Runcorn didn't lie when they told you they 'don't do them there' - they'd do stat. decs, but only for their own convictions. The stat.dec. for this sort of thing has to be made to the convicting magistrates, unless someone here knows some law that says different.

why then did they tell me I'd have to attend Warrington to make the stat dec and not Northwich?


The stat. dec. had to be made to Warrington. The application to have the disqualification removed had to be made to Runcorn.

In your first post you said you applied for the stat.dec. at Warrington but also asked them if you were still banned. Now you're saying you applied for a second stat.dec. at Runcorn for the Warrington verdict??

No what happened was I was prosecuted again for failing to provide info. Convicted in my absence again. After being stopped in may This came too light. I was summonsed to court to discuss all matters. My solicitor told the mags that i hadnt recieved the new summons since i had recently moved house. The address I gave on my first stat dec was correct. However i moved 2 weeks later. So didnt recieve the summons. I made a stat dec in runcorn and have now recieved a new summons to northwich. I appeared pleaded not guilty and am due to appear on the 3rd i think for trial. At Runocrn.

I don't see how a case that was originally heard at Warrington got moved to Runcorn (you're suggesting the hearing for the S172 is now at Runcorn).

"I had representation on my last appearance in runcorn to dscuss all matters and believed this situation was resolved." - your post makes it sound like this hearing was after the stop on the 19th.

Thats correct it was. No mention was made of being charged for driving while disqualified or no insurance.

Runcorn gave you the ban. What you need is confirmation from Runcorn that they removed the ban prior to the 19th (the date of the alleged offence).


Runcorn gave me the ban but then told me I had to go to warrington to make my stat dec. I did this. They told me i was with immediate effect unbanned after having the conviction removed. I was then stopped a few days later by a traffic officer who later confirmed this too me also.


QUOTE (jobo @ Fri, 19 Nov 2010 - 15:27) *
you miss using english to make a point, the act doesnt differentiate between different branches of the mags, THE court is the ( mags) court system, not one local version of it it, if he had it overturned in the high court would he have to go back to runcorn mags, i dont think so

having removed the 6 poiints the court can also remove the ban at the same time

this link doesnt work

http://www.justice.gov.uk/statutory-declaration.pdf



This was my understanding. Surely you cant still be banned under totting up when you have had points removed via a stat dec?

But if you can then will being tol by the court office and having it confirmed by a traffic officer. (I still have the original stop form he gave me) Not be enough to prove to the court that i believed I was no longer disqualified at the very least? I attened court after the incident were my car was seized after contacting them myself to find out what the hell was going on. "to discuss all matters" surely then the cps cant try and do me again can they?


Could this not be of use to me?


1.—(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
© within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the [1988 c. 52 .] Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
(2) A notice shall be deemed for the purposes of subsection (1)© above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

I have had not communication from my last appearance in court till when the requsition landed on my doormat yesterday.
Can anyone tell me if i will be able to get legal aid for representation? As pointed out possible penalites include imprisonment. does this mean I will be entitled to it?
CuriousOrange
Okay, so you're allowed to jump back and forth between magistrates' courts.

QUOTE (Lesvosace @ Fri, 19 Nov 2010 - 16:40) *
Runcorn gave me the ban but then told me I had to go to warrington to make my stat dec. I did this. They told me i was with immediate effect unbanned after having the conviction removed. I was then stopped a few days later by a traffic officer who later confirmed this too me also.
If Warrington told you you were unbanned with immediate effect when you made the first stat.dec, then surely all you need is written confirmation from them of that? Not sure why you need to go through all the rest of it with the court for the driving without licence/insurance charge...

captain swoop
Did the charge coincide with the second period of disqualification after you missed the retrial?
viper
Driving whilst disqualified usually always results in arrest (even in cases of suspicion) so this does not make much sense. They would not just seize you car you would be arrested?

You need to consult DVLA and request a PNC print from your local force
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