Urgent Advice - Court Hearing I was unaware of!
Discussion
Will keep this as short and as simple as I can.
19/07/2016 - Caught at 106mph on Motorway early morning.
23/07/2016 - Letter arrives surprisingly the next day in the post. I return the letter via the email address supplied on the 23rd July
I then wait in the hope that I'll soon get another letter in the post asking to fill out the normal guilty/not guilty info.
Fast forward to today and the 1st letter I have had back in the post regarding this turns up 04/03/2017:
I was not made aware prior to this of any Court hearing on the 27th Feb. This is the 1st letter I have received since I replied in 2016 with the form!
the 6th March is also too short notice for me. I am at work that day and am unable to book it off. I also would need to arrange transportation in advance as I currently do not drive.
Can anyone help me in terms of A) Getting the date changed, B) Informing them this is the 1st I've heard of this?!
Also would the 6 month court rule of handing over the papers not apply in this scenario. Can I find out if they were handed out after 6 months?
Not after any bashing, just helpful advice from those knowledgeable in this field.
Thanks!
19/07/2016 - Caught at 106mph on Motorway early morning.
23/07/2016 - Letter arrives surprisingly the next day in the post. I return the letter via the email address supplied on the 23rd July
I then wait in the hope that I'll soon get another letter in the post asking to fill out the normal guilty/not guilty info.
Fast forward to today and the 1st letter I have had back in the post regarding this turns up 04/03/2017:
I was not made aware prior to this of any Court hearing on the 27th Feb. This is the 1st letter I have received since I replied in 2016 with the form!
the 6th March is also too short notice for me. I am at work that day and am unable to book it off. I also would need to arrange transportation in advance as I currently do not drive.
Can anyone help me in terms of A) Getting the date changed, B) Informing them this is the 1st I've heard of this?!
Also would the 6 month court rule of handing over the papers not apply in this scenario. Can I find out if they were handed out after 6 months?
Not after any bashing, just helpful advice from those knowledgeable in this field.
Thanks!
Edited by Joeguard1990 on Saturday 4th March 21:34
Edited by Joeguard1990 on Saturday 4th March 21:34
If the offence date is 22.7.2016 then the deadline to issue a Written Charge and Single Justice Procedure Notice ("SJPN") was 23.1.2017.
I assume that you were sent a SJPN & Written Charge and you did not respond.
If so, you were convicted in absence by the Single Justice and your case was referred to a court hearing.
You were then sent a 'Summons on Referral to Court' - for a hearing on 27.2.2017. You did not attend court but luckily they were very busy that day and did not get to your case.
You were then sent the document which you have received.
[to continue...]
I assume that you were sent a SJPN & Written Charge and you did not respond.
If so, you were convicted in absence by the Single Justice and your case was referred to a court hearing.
You were then sent a 'Summons on Referral to Court' - for a hearing on 27.2.2017. You did not attend court but luckily they were very busy that day and did not get to your case.
You were then sent the document which you have received.
[to continue...]
Edited by agtlaw on Saturday 4th March 21:30
agtlaw said:
The deadline to issue a Written Charge and SJPN was 23.1.2017.
I assume that you were sent a SJPN / Written Charge and you did not respond.
If so, you were convicted in absence by the Single Justice and your case was referred to a court hearing.
You were then sent a 'Summons on Referral to Court' - for a hearing on 27.2.2017. You did not attend court but luckily they were very busy that day and did not get to your case.
You were then sent the document which you have received.
[to continue...]
As stated in my original post, this is the 1st letter I have received following the one from July 2016 which I filled out and sent back. I did not receive any SJPN / Written Charge so could not respond...I assume that you were sent a SJPN / Written Charge and you did not respond.
If so, you were convicted in absence by the Single Justice and your case was referred to a court hearing.
You were then sent a 'Summons on Referral to Court' - for a hearing on 27.2.2017. You did not attend court but luckily they were very busy that day and did not get to your case.
You were then sent the document which you have received.
[to continue...]
Thank you for replying.
Joeguard1990 said:
As stated in my original post, this is the 1st letter I have received following the one from July 2016 which I filled out and sent back. I did not receive any SJPN / Written Charge so could not respond...
Thank you for replying.
Email _everything_ to me and I'll look at it properly on Sunday.Thank you for replying.
agtlaw said:
Email _everything_ to me and I'll look at it properly on Sunday.
I appreciate the offer sir, will do.And in response to the post above, I remember it being very soon after the event so you may be right on that one. The 2 letters I have posted above are the only 2 letters I have ever received regarding this single matter. There was only 1 offence. The 1st letter was obviously double sided and the side I have posted was what I sent back if that helps.
Thanks for the replies
No ideas for a name said:
Your case appears to refer to an alleged offence on 19/07/16 not on the 22/07/16.
Were you caught twice?
It is unlikely the paperwork would arrive next day for the alleged offence on the 22nd?
You are correct yes only one offence. The letter I'm sure came the next day, I then sent reply back via email on the 23rd as dated on the sheet.Were you caught twice?
It is unlikely the paperwork would arrive next day for the alleged offence on the 22nd?
No ideas for a name said:
Court letter says offence on 19th at 05:44. Were you stopped at the time? Were you stopped on the morning of 22nd? All the usual questions as to if your name/address is on the V5c.
Ah... I see you have updated the original post to correct the date to the 19th.
Apologies I have updated description.Ah... I see you have updated the original post to correct the date to the 19th.
I was not pulled over or stopped this was as a result of the gantry cameras on the M25.
Only 2 letters were ever received regarding this, the 1st one which I replied to as per my 1st picture on the 23rd July 2016 asking to nominate the driver and then nothing more heard until the letter that arrived today as per the 2nd picture.
Thanks
No ideas for a name said:
So, it looks like they did start proceedings before the six months limit... But you have effectively only received the first and last letters. They must have got your letter admitting being the driver as you don't seem to be being charged with fail to furnish.
Most odd!
It would seem that way yes, but what's my best course of action? I'm bang to rights obviously but the 6th March is too soon of a date for me to have arranged transport and the time off work, it's 2 days between when I've received the letter and the court date!Most odd!
No ideas for a name said:
So, it looks like they did start proceedings before the six months limit... But you have effectively only received the first and last letters. They must have got your letter admitting being the driver as you don't seem to be being charged with fail to furnish.
Most odd!
That's actually impossible to tell from the documents posted.Most odd!
Chebble said:
agtlaw said:
Email _everything_ to me and I'll look at it properly on Sunday.
Off topic, but good man. There's not many people who would give up their experience and time off for nothing. For all the sniping at vitriol these days, PH can still be a genuinely nice place.
0a said:
Chebble said:
agtlaw said:
Email _everything_ to me and I'll look at it properly on Sunday.
Off topic, but good man. There's not many people who would give up their experience and time off for nothing. For all the sniping at vitriol these days, PH can still be a genuinely nice place.
Should I ever require the services of a specialist solicitor I know where I'll be looking first
wack said:
0a said:
Chebble said:
agtlaw said:
Email _everything_ to me and I'll look at it properly on Sunday.
Off topic, but good man. There's not many people who would give up their experience and time off for nothing. For all the sniping at vitriol these days, PH can still be a genuinely nice place.
Should I ever require the services of a specialist solicitor I know where I'll be looking first
Joeguard1990 said:
It would seem that way yes, but what's my best course of action? I'm bang to rights obviously but the 6th March is too soon of a date for me to have arranged transport and the time off work, it's 2 days between when I've received the letter and the court date!
I expect that they want to ban you and so don't want you stringing it out and continuing to drive until it's convenient for you. Considering how inconvenient an arrest might be, I would throw a sickie and make sure I attended on time.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff