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DIR Return to: Speeding and other criminal offences
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#Post#: 44264--------------------------------------------------
No post received an then I get a court letter saying result of
court case, did a statutory letter and now another hearin
DIR By: Leesnd62
Date: November 6, 2024, 12:18 pm
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Hi,
I'm in a bit of a quandary of sorts, I didn't get any letters
asking me to advise who was driver of the vehicle for a speeding
offence, I then get a letter which says result of court case, I
rang the court and they told me complete a statutory court
declaration, which I did. I've now been given a trial date for
'failing to give information on the id of the driver'
What does this mean?
I have absolutely had no letters prior to the result of your
case letter. Last year I had a similar situation, I received the
initial letter I replied, then I followed it up with a phone
call and was told they hadn't received my reply, they did then
offer me a speed awareness.
In this case, I would have responded as I wasn't driver.
#Post#: 44277--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: NewJudge
Date: November 6, 2024, 1:52 pm
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--- Quote ---
> What does this mean?
--- End Quote ---
What it means is that the charge of which you were previously
convicted and which your statutory declaration saw set aside is
being put to you again. The Statutory Declaration does not make
it disappear entirely.
Are your details correctly shown on the vehicle’s V5C? To have
been convicted in court you must have been sent at least two
items – a request for driver’s details and a Single Justice
Procedure Notice.
When you say you have a date for a trial, have you entered a
plea of not guilty to the charge?
#Post#: 44282--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: Leesnd62
Date: November 6, 2024, 2:22 pm
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Yes driver details on v5c are correct for owner of the car, but
for the initial alleged offence I never received a SJP or
request for driver details (initial offence of speeding was back
in Sept 2023).
In June earlier this year I received a letter with a magistrate
court outcome, though I didn’t receive the court summons for the
trial / hearing!
I then called the court / justice line, who advised to complete
a Stat Dec which I did at a local magistrate court and have
since been sent a new court date. At the Stat Dec I can’t
remember if I had to enter a plea but I do recall saying not
guilty but can’t remember what that was for.
Is the new court date to begin the process of failing to provide
driver info or back to the original offence?
Thanks again!
#Post#: 44284--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: NewJudge
Date: November 6, 2024, 2:49 pm
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--- Quote ---
> Is the new court date to begin the process of failing to
provide driver info or back to the original offence?
--- End Quote ---
Yes, almost certainly.
Are you the registered keeper of the car? If no, do you know
whether your details were provided correctly to the police?
#Post#: 44285--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: Leesnd62
Date: November 6, 2024, 2:56 pm
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Yes I am the registered keeper of the car (and have been for a
long time so no room for argument around the correct details I’m
afraid!)
Do you have any thoughts around how I can explain that I
genuinely didn’t receive anything about this offence except the
court outcome?
Trying to disprove receiving post is proving tricky!
#Post#: 44288--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: andy_foster
Date: November 6, 2024, 3:26 pm
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--- Quote from: Leesnd62 link ---
>
> Do you have any thoughts around how I can explain that I
genuinely didn’t receive anything about this offence except the
court outcome?
>
--- End Quote ---
No. We apply the law to the facts as described to us, or
otherwise offer advice based on the information we are given. We
do not magic up plausible explanations for seemingly implausible
"facts" out of thin air.
#Post#: 44289--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: Leesnd62
Date: November 6, 2024, 3:37 pm
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Thanks
In terms of applying law to facts, if I can present issues with
Royal Mail services (evidenced by Citizens Advice Bureau, MPs
calling for improved services, reviews of failings from Ofcom
etc), is there an idea on how this would be viewed by the court
as a defence?
#Post#: 44308--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: Logician
Date: November 6, 2024, 7:44 pm
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--- Quote from: Leesnd62 link ---
>
> Thanks
>
> In terms of applying law to facts, if I can present issues
with Royal Mail services (evidenced by Citizens Advice Bureau,
MPs calling for improved services, reviews of failings from
Ofcom etc), is there an idea on how this would be viewed by the
court as a defence?
>
--- End Quote ---
That would be very useful and more than most people in your
situation are able to provide.
#Post#: 44314--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: tonys
Date: November 7, 2024, 2:39 am
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--- Quote from: Leesnd62 link ---
>
> Thanks
>
> In terms of applying law to facts, if I can present issues
with Royal Mail services (evidenced by Citizens Advice Bureau,
MPs calling for improved services, reviews of failings from
Ofcom etc), is there an idea on how this would be viewed by the
court as a defence?
>
--- End Quote ---
Do those relate specifically to your address or your area? The
plural "MPs" makes it look as if they are more general concerns.
#Post#: 44350--------------------------------------------------
Re: No post received an then I get a court letter saying result
of court case, did a statutory letter and now another he
DIR By: Gilan02
Date: November 7, 2024, 5:17 am
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Have you checked the address on the V5c?
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