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Oh no, my dp's been summoned to court for something he hasn't done

4 replies

nutcracker · 04/02/2004 10:45

In our post this morning was a summons for my dp to attend court, charged with the failing to hold a MOT for his company vehicle.
He was stopped for speeding in this vehicle in july last year, given a fixed penalty notice and told to produce his documents at the nearest station. He took his driving licence along but couldn't get hold of the MOT immeidatly as it's a company van and all of the MOT certificates are kept at head office. They said that this was fine and to bring it in when they had it. They gave him a copy of a form they had filled in which said that he had failed to prodeuce the MOT but that it was being sent from Surrey.
Four days later after several mix ups (wrong MOT being sent) my dp took the MOT in and they filled out another form stating that it had been recieved (we have a copy of this too). But it seems that only the original statement was filed, not the one stating that he took it in.
He has got to reply, stating wether he wishes the wittnesses to attend to give oral evidence.
My dad reckons we should take it all the way and then claim for loss of earnings and court costs e.t.c.. We have all of the proof we need.
What would you do ????
Me dp's job depends on him being able to drive so we are very angry that he is being accused of this just because someone can't file properly.

OP posts:
salt · 04/02/2004 10:52

This kinda happened to me over a parking ticket that was invalid. Just phone up and explain and they scrap it all. If you don't have a number for the court, take the documents to said police station and explain to them . hth

nutcracker · 04/02/2004 11:08

Cheers Salt. I think that would be best

OP posts:
Blu · 04/02/2004 11:19

I agree with Salt: try and head it off now if you can; you really don't want all the hassle of your dad's suggestion if you can avoid it, and don't imagine that you would end up with a fortune in compensation or anything like that, you wouldn't!

handlemecarefully · 04/02/2004 13:07

Stay calm - its very poor that this has happened, but this has arisen due to an admin. error and can be resolved.

We had a similar thing - my husband discovered a county court judgement against him. We were incensed because it was completely invalid and due to an admin error - but all it took was for our solicitor to contact the court, point out their mistake, and the CJJ was cancelled.

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