Free Traffic Legal Advice

Good news!!! We received an email reply today from the bailiffs with the following…

Please be aware that this matter has been returned to the Client and therefore, our action has ceased.
 
We trust this will assist you.

… reason prevailed after all.
We are now waiting to hear from the magistrates court concerning the section 142 request.
Will keep you posted.
Thanks so much for all the help this far.

Thank you so much @ManxTom. I will definitely visit that website.
Kindest regards Anne

Update: with the continuing harassment from the bailiffs, I’ve today written to the bailiff company to formally notify them of the section 142 request. I sent a copy with my son’s address redacted for obvious reasons. I hope this will suspend their actions for now. I understand from a paralegal friend that courts are inundated at the moment and it’s taking on average about 60 days to get a response from correspondence sent so hope the bailiffs will be a little understanding.
Cheers Anne

Dear all, we’ve written to the court today to ask them to kindly consider reopening the case under section 142 of the Magistrates’ Courts Act 1980. We’ve sent all the accompanying pieces of evidence; texts and email messages along with a copy of his plea form and hope they will look upon us favourably. I will post updates here if that’s ok?
Meanwhile, if pressing concern is the bailiff’s text messages and phone calls. I did phone to try and explain the situation to them but to no avail.
Is there anything at all we can do to at lease halt the calls til we hear back from the courts.
Any suggestions will be gratefully received. Kind regards
Anne

I understand what you are saying and I appreciate there is a difference. It would appear that he could not have admitted to being the driver if he did not receive the NIP to his home address. He is quite adamant about this.

@ManxTom
1. Yes that is correct. My son never received the NIP to his own address
2. This may be a possibility. We will need to check with his employers. Regardless, the correct address was provided to the police when they asked.
3. My son believes his phone number and email address would have been provided to the police by his employers.
4. My son was charged with driving without due care and attention only. CD10
5.My son was convicted of driving without due care and attention only.

Thanks all,
This is the time line as I see it. I have text messages sent between the police and my son to help me build this…
Offence occurred October 2023.
NIP sent to my son’s company where the vehicle is registered. Company completed and returned form to police.
My son did not receive an NIP to his address.
January 25 2024 policeman sends a text to my son identifying himself as the one dealing with his careless driving offence. He sends footage of the offence for my son to view on Jan 30. He requests my son makes a voluntary comment.
1 Feb, policeman texts again if my son has seen the footage, son replies, ‘what is the next step after watching it?’… Policeman asks if son is making a voluntary comment or should police make a decision without one.
Son sends voluntary comments.
On 6th March policeman advises son he has been advised to build a court file, and he will receive a summons for careless driving.
20th March - urgent message from policeman to say they sent a court summons but it has been returned to sender.
21 March - son replies with correct address. Police replies with thanks and says will get documents sent there.
9th April - son texts policeman stating documents have not arrived. Policeman replies stating they were sent on 26th March and offers to email a copy. Son confirms email address.
11th April - son sends text to ploiceman acknowledging email and say the address on the summons is incorrect, should be 3 not 13. Police replies with apology asking if it’s only the house number that is incorrect.
Thats the timeline of the text messages.
My son and I pick up from that point as explained earlier and complete the summons, explaining we were not able to enter an early guilty plea due to the summons never actually arriving at my son’s address. We also reiterated the correct address both on the court documents and sent it off around 12th April. We also sent an email to the court on 17th April to explain the situation.
We heard absolutely nothing until the bailiffs started their text messaging.
We have checked with the DVLA and 6 points have been added to his license along with a fine of £293.
Hope this clarifies things.
Kind regards Anne

Thank you Andy and I crave your indulgence, do please bear with me. I have no intention of wasting yours or anyone else’s time.
My son is dyslexic and it’s easier for me to write on his behalf.
Basically, he was charged by the police for driving without due care and attention.
The case was sent to High Wycombe Magistrates Court but the police provided an incorrect address to the court. They used no. 13 instead of no. 3 meaning my son did not receive details of the written charge or the details of the hearing in a timely manner. He only found out about the error in the address when the police officer emailed him a copy of the written charge.
Had he received the court documents from the court directly and in a timely manner, he would have been able to enter an early guilty plea. We duly completed the court papers stating once again the incorrect address, (providing the correct address)  and his inability to enter an early plea.
(The email from the police officer arrived on 10th April and we sent a recorded delivery letter to the court on 12th April. The hearing was scheduled for 18th April. We also called the court and were advised by the admin officer to send an email to the court. This we did on 17th April. The email was acknowledged on 24th April stating it had been put ‘on file’).
We have heard nothing more from the court, presumably because they are still using the incorrect address for correspondence.
All we have heard now is from a bailiff company threatening entry to remove goods from my son’s house.
We need to find out if the case can be reopened as the police provided the wrong address details to the court in the first place.
My son drives a company car hence the reason the registered vehicle details were not in my son’s name.
I hope this gives a better picture. I have not used this forum before… please be kind. I’m happy to answer any questions you might have. 🙏🏾
Thank you in advance. AnneH