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Help! Any lawyers about?

(9 Posts)
RestlessTraveller Sat 25-Mar-17 13:46:48

I've posted in legal matters but it's a bit quiet in there so thought I'd try here.

I was caught speeding by a camera (36 in a 30). I asked them for photographic evidence as I couldn't remember who was driving on the day and it came back as being very clearly me. I then sent the required paperwork off (unfortunately the post office was closed when I got there so couldn't send it recorded delivery). That was in November. I've heard nothing back until I receive a letter from the court today stating that I have "failed to give information relating identification of the driver" and informing me that the court has decided that my licence be endorsed with 6 points and telling me I need to pay £811 by April 1st.

Is there anything I can do about this? Surely if it was going to court I should have been asked to attend?

PizzaPower Sat 25-Mar-17 14:33:56

Not a lawyer, would recommend googling Pepipoo, it's a forum very good on this sort of thing.

Cinderpi Sat 25-Mar-17 15:58:10

I used to prosecute these a lot. I'd get in touch with the court, explain that you didn't receive a notice of hearing and that you did provide information as to the driver. That may lead to it being reopened - you won't be the only person this had happened to, the paperwork is always a shambles! If it is reopened and you're believed they'll normally give you the option of a fixed penalty notice, which is not so bad.

RestlessTraveller Sat 25-Mar-17 16:41:36

Thank you!

mamma12 Sat 25-Mar-17 16:58:27

Get in touch with the issuing court. You will need to fill in something called a statutory declaration where you declare you didn't receive the paper work. It's a criminal offence to sign a stat Dec if you did actually receive it but if you didnt it should be fine. You wouldn't necessarily have been asked to attend unless you were pleading guilty (which you wouldn't be advised to do since you were driving) but not responding would have increased the penalty I believe. You should do a stat Dec and if you can't afford the whole fine then you can request payment in installment I believe

mamma12 Sat 25-Mar-17 16:59:03

Sorry I meant you would only attend if pleading not guilty

Andrewofgg Sat 25-Mar-17 17:02:53

You will go to your nearest magistrates' court and make a statutory declaration that you did not know about the proceedings until 25 March. The conviction will be set aside and a new date given.

If the magistrates believe that you sent the form off they will acquit you but you might get a fixed penalty notice for the original speeding; less money and three points.

If they don't believe you you'll get six points and a fine based on your means.

(Signed) Andrew, lawyer and JP. Two for the price of once!

TheCakes Sat 25-Mar-17 17:05:54

This happened to me. I was in a right flap, as I couldn't afford to pay what they were asking.
I made a statutory declaration at the mags court and they fined me £40.

PinkSparklyPussyCat Sat 25-Mar-17 18:14:27

Check with the court when you can do a stat dec. We only used to do them at certain times on certain days.

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