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Messages - mr_b

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Speeding and other criminal offences / Re: HMCTS response
« on: January 02, 2024, 03:58:29 am »
Fantastic, thank you. this is exactly the kind of information I was looking for, especially about either setting it aside or the guidance notes especially.

With regards to what I’ve outlined in my case, is there anything you think that would give me the best chance of success?

Obviously my case fits the guidance notes completely as the forms were sent to the wrong address and never showed up. I never had opportunity to pay it and even the courts issued everything to the wrong address even after having them updated just shows how easy that mistake is to make as they’ve done it themselves.

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Speeding and other criminal offences / Re: HMCTS response
« on: December 31, 2023, 08:24:42 pm »
Ok sorry that was the short hand version of the situation, I’m out now but I’ll give the best dates I can at present…

So the original document received was the notice of intended prosecution dated 18/04 but wasn’t received until the end of may. The phone call was done immediately and I replied using that document provided after I spoke to them accepting the offence and their conditional offer of 3 points and fine.

So I used a) returning the document to accept it but b) and c) were not included as I was to await their response to provide payment details. This never materialised and I had no contact before the court document I believe to be a single justice procedure notice (the forms not sent back don’t have the document name on them) on 31st October though I flew away on 1st November early morning.  Obviously I was not intended to show for the court but had no time to prepare a proper response as the court date was I believe 3rd November and I was already out of the country on the 1st.

The next contact I’ve had was the text message stating the reminder to pay court fine which was apparently due on the 8th December but this didn’t come through until the few days before Xmas. I spoke to someone and they said to get it reopened and that they confirmed they’d sent it to the wrong address.

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Speeding and other criminal offences / HMCTS response
« on: December 31, 2023, 12:11:30 pm »
Hi guys, I’d really appreciate some help here as my best option and how best to respond

i had a speeding charge from a while ago, long story short someone slammed on in front of me I broke but avoided them and sped up to overtake them as the evasive move ended up with me having to pull out to avoid them but as I sped up it was clear they slammed on due to spotting a mobile speed camera parked at the side of the road.

a few months later I received a second letter saying I hadn’t responded to the first letter at a forwarded address as I had moved and the families mail were all delivered to the same address. This was already over the expiry date when it was delivered but I called up and all was fine and got allowed to respond to the fine and told them it was best to contact me via email due to problems with post and going missing etc and that I’d moved. They also informed me that whilst my driving licence was in my new address the car was registered with dvla still at my old one.
I contacted dvla who said they hadn’t received my logbook and updated details and I’d need to apply for new logbook to change its address.

i accepted the offence the 3 points and fine and returned that. I then next got a letter saying it was going to court, again arrived with only 3 days left before the date of the hearing but I was flying out of the country the morning after the letter arrived.
I reacted quickly, called the force who gave the fine who said they received my admission but sent a letter with no response and it was too late to do anything. I sent my response to the court stating all the circumstances and that I hadn’t had any opportunity to pay it as no letter received nor no first letter on original charge and also the incorrect address used, dvla not updating and police not using my alternative contact details they had been provided. I said I think I should have the opportunity to pay the fine originally offered and correct points. I also filled out the form to correct them of my contact details for future correspondence.

I then received a text message saying I have not paid my fine and contacted them to find they also had used the wrong contact details even after filling the form out correctly. I was informed they’d given me 5 points and a nearly £500 fine. When I said I don’t agree that’s fair as I had no chance the person on the phone said they agree that doesn’t sound right and maybe should have been referred back or given lower fine and points, they said my plea had been considered but obviously my forms haven’t been read thoroughly as the address was still wrong. They gave me a number and the woman just told me to appeal to have case reopened and looked at again.

sorry for long post but that’s basically the whole story. So I’m looking for any advice as my best course to deal with this and minimise the damage.
obviously I’d like, and the only thing I think is fair, is to have me pay the original fine and points I never got chance for but wasn’t sure what’s best way to respond or anything I need to include for my best chance of a decent result.

Appreciate any help, thank you

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