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Justme1
Hi all ....

Thanks in advance for any help given, as this is my first post I hope I do this right.....

Okay so I'm on trial for pleading not guilty to s172 I am not the keeper of the car but once the keeper stated I was driving I asked the police for photographic evidence to enable to me identify the driver..... I also went through all my bank statements etc.... (I'm on meds that do cause memory loss and confusion).... And I do not know the area in question for speeding 72 in a 60....after much searching I gave up & decided it must of been me as no one else has keys....... I filled in the speed awareness form and sent it off then thought no more about it as the stress makes my conditions flare up..... I did after a few months call the police to ask what's happening to be Told it had been sent to court now but she would note that I called..... I received court summons asking for my plea then defence etc..... I sent a cheque for the cost of the speed awareness course with my defence made out to ttc2000 the cheque was cashed but not by ttc2000 it was rubber stamped over by hmcts after hours of phone calls I found out the courts cashed my cheque on the whim that if found guilty they would have some money in a suspense account for me even though I've not been to court yet.......I'm so confused.... I've just had all there evidence sent to me about the s172 even thou I've stated more than once I've attempted to clear this up and even pay for it..... I've been asked to submit my defence no later than 7days from the date of the letter although ill have been in court by then.... My plan is to write my defence today and send to the cps but I haven't got a clue how to lay it out..... I can't afford a solicitor and I'm not entitled to legal aid..... One more thing that confuses me is I'm charged with one date of not identifying the the driver yet I have letter stating I had until at least 28days after there original date given to reply... (That came with the photo) sorry if I've confused anyone like I said my first post and I'm really confused X
AFCNEAL
I fear you may have missed some parts of this saga? If you clearly and unequivocably named yourself and there is documented support of that then clearly NG is a nail on.

BUT - asking for evidence etc suggests (?) your declaration was somehow qualified ('It might have been me.....etc etc)? You then sent a cheque for the SAC AFTER (?) the summons was received (i.e. after the SAC offer had been withdrawn)?

This reads like a bit of a mess to which you may or may not have a defence.

Easiest route of you can't handle the stress is to turn up on the day of the hearing and offer to plead guilty to the original speeding offence if the CPS drop the F2F?

I'm assuming here it was you speeding (so why ask for evidence?)
Justme1
I originally asked for evidence as I said I don't know the area that the speeding took place (i use a sat nav for absolutely everything) nor could I pinpoint where I was by the time I'd gotten the notice which was a few days before Christmas me and my husband had both been driving quite a bit as we have just moved to this area....He says i was driving and its a route i could of used on the way to a family members.....i sent them a cheque as when they asked for my defence which I clearly stated I must of been the driver I also had a picture of the speed awareness form that I had filled in on my phone before posting (i take picture of everything due to my bad memory) which I enclosed to them saying in an Ideal world I would be able to do the course orig offered..... I received no reply and a cashed cheque....I have said many times in 3 letters I admit guilt of speeding buts its got me no where... sad.gif
peterguk
So, just to clarify:

Did you reply to your S.172 within 28 days of receipt, saying that you were the driver?

Were you sent an offer to attend a SAC?
Justme1
Yes I was sent an offer for sac and yes I accepted the offer It wasn't within the original 28 days as I was awaiting the photo but once I got the photo which was a couple of days after which I think was due to the Christmas post I sent it off as it didn't help either way.....but the photo came with a the following..... A response is required within 28days of the date of the n.i.p or within 7 days of the date of this letter, whichever is the latest. A response is required by 23/01/13 I did reply with the time frame off the last 2 .
AFCNEAL
It seems the problem arose from you missing the original 28 day deadline - the clock doesn't stop because you asked for 'evidence' (a bad idea). Still very odd that the cheque was cashed as fines etc are usually payable to a different body than those who provide the SAC - are you sure the payee was correct?
peterguk
So they extended the deadline for returning the S.172.

You responded within that extended deadline.

Then they offered you a SAC?
Justme1
I made the cheque payable to ttc2000 they rubber stamped over it when I called aprox 7 different numbers I was also told that under no circumstances would anyone have stamped over and cashed my cheque but my bank sent me a copy of the cheque and they have..... One lady in finance at hmcts confirmed it was in a suspense account I think it was called and that she would refund after 14days in case I canceled the said cheque as they had no proof they had received funds??????


As for the date I don't really understand the wording I took it as it was extended as it clearly states I had until 23/01/ 2013.... I presumed not because I had asked for the photo but due to the lack of postal days over Christmas that it was extended due to that.? I was offered the sac before I received the photo not after...either way I replied before the 23/01/2013
AFCNEAL
QUOTE (Justme1 @ Mon, 29 Jul 2013 - 09:17) *
I made the cheque payable to ttc2000 they rubber stamped over it when I called aprox 7 different numbers I was also told that under no circumstances would anyone have stamped over and cashed my cheque but my bank sent me a copy of the cheque and they have..... One lady in finance at hmcts confirmed it was in a suspense account I think it was called and that she would refund after 14days in case I canceled the said cheque as they had no proof they had received funds??????


As for the date I don't really understand the wording I took it as it was extended as it clearly states I had until 23/01/ 2013.... I presumed not because I had asked for the photo but due to the lack of postal days over Christmas that it was extended due to that.? I was offered the sac before I received the photo not after...either way I replied before the 23/01/2013


The extension would most probably have been simply because they didn't receive the original driver nomination.
peterguk
If i understand correctly, we have:

7 day extension to s.172 offered in writing by BiB
OP returns S.172 to BiB within 7 day extension
Reply received by BiB, and SAC offered
SAC accepted and cheque sent
Cheque cashed

OP, can you confiem the above sequence of events please.

If above is correct, i'm not sure how BiB can retract SAC offer after cashing cheque.
andy_foster
Can you give us a simple chronology of what was received and sent and when?
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