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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Oxford folk- can you please recommend me an honest lawyer for a driving offence?

24 replies

Justgivemeasoddingname · 10/10/2018 08:33

Hi there. I live in the far North of Scotland. I have a driving offence to deal with at Oxford Magistrate's court but live in the far North of Scotland. I need a decent ordinary speeding offence lawyer but if I Google it I just seem to get lots of commercial ones.
I need a personal recommendation please.
Thank you.

OP posts:
Justgivemeasoddingname · 10/10/2018 13:54

Bump

OP posts:
underneaththeash · 10/10/2018 20:57

I can't personally recommend these people, but a couple of friends have used these guys in Beaconsfield, I've just checked and the have an office in Oxford.

www.hinesolicitors.com

Probably just be cheaper to do the driving course or pay the fine though.

Joe66 · 10/10/2018 21:18

Jayne Williamson, can't remember who she works for but you can Google her it's a firm in Oxford who do mags court stuff, or Lucy Tapper, barrister.

Joe66 · 10/10/2018 21:23

Sorry Jayne WILKINSON at Reeds!

Justgivemeasoddingname · 10/10/2018 21:40

Thank you very much.
Re the speeding course- is this always offered in the Oxford area? Some areas don't do it but if Oxford do that's good to know.

OP posts:
Joe66 · 10/10/2018 22:05

Yes Oxford do the course, I've done 3 so far.

MrsBertBibby · 10/10/2018 23:30

They're effective, then.

Furrycushion · 10/10/2018 23:43

You are only eligible up to a certain amount over the speed limit (I've done 3 as well Grin). Why do you want a lawyer, do you think they have wrongly accused you?

Furrycushion · 10/10/2018 23:45

I should have said, if you send back to form saying it was you they will offer the speed awareness course if you are eligible. Of course if you contest it they won't.

Justgivemeasoddingname · 10/10/2018 23:49

Thanks, all.
I did not receive any paperwork at all regarding the speeding. It went to court in my absence and I was awarded 6 points and an6y £800 fine Shock
The thing is, the vehicle belongs to me, but its a 40 ton truck- which i am not able to drive!!! So effectively I have received point for driving a vehicle which I can't even drive!!
The other problem is that I live in Scotland and our laws are so different I cannot employ a solicitor here.

OP posts:
Furrycushion · 11/10/2018 07:23

So why would you want to do a speed awareness course? You need to let them know that someone has stolen your number plates.

Justgivemeasoddingname · 11/10/2018 08:28

Furrycushion I didn't say I wanted to do the speeding awareness course! My driver might. My number plates have not been stolen! The 40 ton truck is mine....I own a haulage firm. Its legitimate, my driver was speeding. The issue is that I didn't receive any paperwork until it had gone to court and the penalties have been passed to me as the owner of the vehicle.

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Furrycushion · 11/10/2018 08:33

Ah! I see why you need a lawyer if it's anything like David Beckham they would argue that as the papers weren't sent it isn't legal. I wish you luck. (don't know if they offer speed awareness for truck drivers)

Furrycushion · 11/10/2018 08:38

www.which.co.uk/reviews/new-and-used-cars/article/speeding-tickets-explained
I don't know if this helps?

Justgivemeasoddingname · 11/10/2018 09:22

Thanks but I'm expected to know most of that in my position. However, it wasn't me that was speeding anyway Wink

OP posts:
prh47bridge · 11/10/2018 09:47

You need to move quickly. The best way to set aside the conviction is by making a statutory declaration. You can do this at any court in England & Wales - it doesn't have to be in Oxford. However, you need to do this within 21 days of finding out about the conviction. It isn't the end of the world if you miss that deadline but it may be harder to get the conviction overturned.

Have you actually been convicted of speeding or of failing to provide driver information? If you didn't receive any paperwork at all I would have expected the conviction to be for failing to provide information.

Justgivemeasoddingname · 11/10/2018 09:51

I've done the stat Dec, prh. I'm currently writing a letter to send in with my plea.
In answer to your question, both. I received notification of failing to provide info plus the speeding and was given 6 points and an £800 fine. I'm writing to tell them I had no knowledge of any of this.

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CrepuscularCritter · 11/10/2018 09:53

As I understand it, you will need to make a Statutory Declaration to say that you did not receive the papers until after court. That restarts the case, and the charge can be put to you again. Ring the court and they will be able to tell you whether you need to attend in person or if the Statutory Declaration can be sworn elsewhere. Then you will be able to provide the court with information about the driver of the vehicle at the time of the alleged offence and they can take it from there.

CrepuscularCritter · 11/10/2018 09:56

Sorry...I took a call before posting, then saw the update.

Justgivemeasoddingname · 12/10/2018 00:32

Thank you.

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Shelley54 · 12/10/2018 19:12

Instead of a solicitor I’d post on PePiPoo - google it. They’ll give you the right advice.

Your driver will not be offered a course. It’s not something the court can offer. Neither will he be charged with speeding as it’s more than six months since the offense.

Why didn’t you get any of the paperwork? Is the V5 in your name / the company name?

Justgivemeasoddingname · 12/10/2018 22:57

No idea why we didn't get paperwork. Yes the v5 is in my name.
So because a certain amount of time has passed since the offence you think that means my driver cannot be offered the course? Surely that's unfair/discriminatory?

OP posts:
Shelley54 · 13/10/2018 08:22

It’s because it can only be taken to avoid a prosecution in court, and court proceedings have to be initiated within six months of the offence. So you could book onto one after 5.5m and not attend and it would be too late for the court proceedings to be started so you’d get off Scot free.

A Speeding course is entirely at the discretion of the police (not the court) to allow you to avoid a prosecution.

All thy said, your driver will not be punished for the speeding now regardless as it’s too late for them to prosecute him/her. It’s you they’re after.

Can you check the V5 and let us know the DOCREF date at the bottom of page two, and while you’ve got it out can you confirm the address details on there are right?

To get anywhere with this you’re going to have to prove the paperwork never came to you. They will have proof a letter was posted on a certain day, and you will need to cast doubt that it arrived with you so I’m helping you to search for the obvious reasons.

PartAnd · 13/10/2018 08:54

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