Show Posts - Zebra1234

Quote from: NewJudge on 13 Nov, 2024 17:16If you are thinking of pleading not guilty (on the basis that you - personally - did not receive any of the correspondence) I think you are in for disappointment. Having no recollection of having received any of the four items said to have been sent is not the same as not having received them and your description of the way you finally found out about this is unlikely to sway a court your way. Was your wife deliberately withholding your post?QuoteThat would be unwise, since you've told us on the 13th that you discovered the SJP "yesterday".The first post was in the early hours (1:38am) today (13th). I assumed that when the OP said "today" he received this, that and the other, he really meant the 12th but called it "today" as he hadn't yet gone to bed. He would have been unlikely to have received those items between midnight and 1:38am.Exactly, thank you

It certainly does seem the case had been heard before I knew about it. As you say, I received the court judgement yesterday (12th nov) and discovered the SJP on the 11th. So, I plan to go to the magistrates court this week to submit a Stat Dec. The honest truth is that I heard nothing about any of the proceedings (NIP, letters and court summons) until too late to respond at all. I can explain the potential reasons, but it is honest truth i was entirely in the dark until too late. Would this be an advisable route?

Quote from: BertB on 13 Nov, 2024 11:04A stat dec is for people who were not aware of proceedings against them. From your own OP, you received a SJPN and contacted the Police about it. I'm not sure you can swear under oath that you were not aware of any proceedings against you on that basis.I could swear i didn't know about the proceedings until November 11th, which was past the deadline (28days after Oct 4th)

yes, this is the only document i can say 100% I have receieved but not seen until too late. If I can stat dec the NIP and subsequent letters then would that in turn cancel the original SJP and court charge/fine?I was not the driver of the original offence which is also making this even more frustrating!!

It's hard for me to say categorically if the letters were misplaced or not received. I don't remember receiving or seeing any of the letters, but also i know at the time it was very stressful with a lot of unheaval at home - my wife had to basically run her mother's school meaning i took up all the slack for childcare at home etc etc etc. Would it be better to explain the situation as above or have better confidence in myself and say they were not received?

Yesterday I discovered an unopened letter addressed to me (it was unfortunately put in a pile of papers out of sight by my wife) which turned out to be an unexpected SJP for failure to provide driver info for a speeding offence back in April 2024. Horrifyingly I was well past the 28 days deadline to respond (Guilty or Not Guilty) (SJP is dated 04/10/24)!Completely blind-sided as i have no recollection of receiving the initial speeding offence letter requesting driver info, or ANY of the subsequent follow-ups (they claim to have sent 3 over the course of this year).I immediately emailed the respective Police outlining I had not received any correspondence about the offence at all and have received the SJP unexpectedly (I realise I should have come here first before sending anything to anyone), and the only possibility is that all the correspondence was mislaid due to it all coinsiding with an incredibly stressful period this year with my mother-in-law being hospitalised for 2 months.TODAY I received an email reply from the Police saying:"We acknowledge receipt of your email below which has been received too late for this office to deal with. The file has already been passed to our Prosecutions department and you should shortly be receiving a Court Summons if you have not already done so."TODAY I also received a Court Notice of fine and Collection order stating £1K fine and 6 points.(I did not receive a court summons, but I assume this is because I didn't respond to the SJP in time)Should I file a Statutory Declaration regarding not receiving anything until it was "too late"? [ Guests cannot view attachments ]