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loobielou
Hi all, really need your help regarding a large fine and 6 points my husband received today. In May this year I was driving our nephew home and passed a mobile speed unit whilst doing 39 mph in a 30 zone. We received the nip and my husband filled it in naming me as the driver. We heard no more until we got a court summons in August 2012 for failing to notify the police of driver, my husband rang the number on the summons and the lady he spoke to said to put a letter with the summons and return it to the courts, which we did. We heard nothing until today. Ive been on the internet all day and was directed here so hopefully someone has some good news for me, my husband is a taxi driver and really cant afford to have these points and I cant believe he was found guilty when we have done everything correctly :S

Thanks in advance
Loobie
Jlc
How did he plead? And what did your letter say?
Pete D
Did he remember to sign it and get a proof of postage. What exactly were the charges on the summons. Pete D
Jlc
QUOTE (Pete D @ Fri, 14 Sep 2012 - 19:55) *
Did he remember to sign it and get a proof of postage. What exactly were the charges on the summons. Pete D

Indeed, also who's the registered keeper and did you reply unequivocally within the 28 days?

...and was a submission of earnings submitted - the fine is on the high side. (Although around £500 is usual) - no discount for NG plea perhaps.
loobielou
husband is registered keeper that why he sent nip back with my details - yes within the time. we no longer have the court letter but it was for failing to identify driver, we had to send it back. The letter we added with it just told them that we had replied to nip from police with my details and had heard nothing further. he didn't plead anything, we assumed they would get back in touch with us to either cancel court date or issue a new one. No just sent first class, first ever offense, wasnt aware it had to be sent recorded delivery.
Jlc
So where you unaware of the court hearing? Sounds like you could have been prosecuted in your absence with default earnings taken into consideration. (this may be assumed higher than actual earnings thus on the high side)

If you were truly unaware of the hearing you can do a statutory declaration to reset the case to summons stage.

You don't have to use registered post but it helps if the reply goes missing - which seems so in this case? (either that or the declaration wasn't unequivocal)
mrh3369
If they spoke to the court and included a letter it sounds to me like they were aware of the proceedings.
Jlc
QUOTE (mrh3369 @ Fri, 14 Sep 2012 - 20:38) *
If they spoke to the court and included a letter it sounds to me like they were aware of the proceedings.

Yes, I think so too but the details are still sketchy.

Advice from the telephonist/clerk is unlikely to be good!

It looks like no plea or earnings was submitted. OP didn't turn up, prosecution presented the NIP, said nothing came back. No challenge = guilty.
Logician
It sounds to me like a s172 charge, found guilty in absence. Default earnings are now taken as £400, so band C fine would be £600 + £85 costs + £15 surcharge = £700.

Did the letter your husband sent indicate that he wanted to plead not guilty? If it did, a date for a trial should have been set and notified to him.

I think you need to phone the court and ask what happened to his case on the date given on the summons. Do not ask for advice about what to do, simply the result of his case.
loobielou
when he received the summons my husband telephoned the number on there and was told to return it with a letter stating what he told the lady on the phone. we were aware it was going to court but thought as we had told them in the accompanying letter what had happened they would send us further information regarding this which didn't happen. In hindsight we should have done something sooner but we honestly didn't realize.

QUOTE (Logician @ Fri, 14 Sep 2012 - 20:49) *
It sounds to me like a s172 charge, found guilty in absence. Default earnings are now taken as £400, so band C fine would be £600 + £85 costs + £15 surcharge = £700.

Did the letter your husband sent indicate that he wanted to plead not guilty? If it did, a date for a trial should have been set and notified to him.

I think you need to phone the court and ask what happened to his case on the date given on the summons. Do not ask for advice about what to do, simply the result of his case.



Yes you are right. That is the breakdown of the fine
Logician
In his letter did he say he had returned the form nominating you as the driver? Did he say specifically whether he accepted he was guilty or would plead not guilty?
You need to phone the court and ask about the result of his case, as above. Until we know what happened, we cannot advise properly.

I suspect that the court found him guilty in absence, having been told that he had not replied to the summons. If that is what happened we can tell you how to proceed, but we must know.
loobielou
QUOTE (Logician @ Fri, 14 Sep 2012 - 20:56) *
In his letter did he say he had returned the form nominating you as the driver? Did he say specifically whether he accepted he was guilty or would plead not guilty?
You need to phone the court and ask about the result of his case, as above. Until we know what happened, we cannot advise properly.



I will get him to phone them on Monday and I will post back what they say. Thanks for your advise so far
Jlc
Indeed, there are appeal options but that will depend on the situation...
loobielou
Rang courts today and he was found guilty in his absence of failure to provide driver details...
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