Free Traffic Legal Advice

So, what if I turn up in court and please no guilty

Charge- Was driving slowly 40-45 mph on the M69

Reason being: Request the prosecution to drop the case, as it's not in the public interest 

How will the judge react?

Yes, agree with me and throw the case out ( and I buy a winning lotto)
or
Laughs at me and sentences me to a hefty  fine or points or ban?
or
Says fine, let's have a date in the future, to argue why it's not in public interest?


Can I fight the case myself in court? Learn some law , I got an excellent memory and topped my batch of 92
D

Well as you have already plead guilty you shouldn't turn up in court and try and reverse it but at least have the courtesy to not waste court time by doing it in advance.

The bench (probably not a judge for a magistrates court case) will 'laugh at you' (not literally) - you are meant to put it to the PROSECUTION (as what you wrote kind of tells you) and that should be done in advance of any hearing (and after you change your plea), the judge has nothing to do with it, once the full court hearings start the CPS are very unlikely to agree to drop it.

Yes of course you can DIY, whether you should or not still isn't clear.

This highlights why we asked questions and were hesitant to simply answer your question, most people don't understand what they are actually asking for which is why we try and establish what they should be asking (as opposed to are asking) first.

So why were you doing 40-45? How busy was it? Which lane were you in? All these are relevant to whether you SHOULD do what you COULD do.

So I’m looking for advice on how to appeal.

You don't, as you then correctly say you submit a statutory declaration which is NOT an appeal.

So I would plead not guilty to the charge of failure to notify on the basis I did not receive the notice sent.

What matters is not whether you didn't receive it but whether it was served or not, as a number of items of post (as least 3, more likely 4) were not received by you it suggests the Police did not have the correct address for you (despite what you say, as 4 items going missing is 'unlikely' I would suggest), perhaps you moved and forgot to update the V5c registration document address with the DVLA?

The speeding charge I was driving my son to hospital - can I plead not guilty? Or do I plead guilty and ask for mitigating circumstances?

Of course you can (and should currently) plead not guilty, whether you then continue that is a different matter, if the S172 notice was properly served (and you have to prove it wasn't) you will currently be found guilty of the more onerous S172 offence, as such offering to plead guilty to the speeding (when you can't then offer a defence) in exchange for the S172 being dropped seems the pragmatic option.

Driving your son to hospital is, of itself' meaningless unless you are suggesting it was some form of an emergency, obviously to a routine appointment is no different top driving to a book shop.

There was a driving ban issued on the same day the points were added to my license but it’s not mentioned in the paperwork supplied in the email but is shown on my license online  - driving ban due to totting up of points

Very unfortunate, this is where applying online is going to probably be bad, if you contact the court in person and speak to someone you may get your hearing expedited, whatever you put in an online application will probably not be looked at until it reaches the front of the queue - in some time from now.

not sure why police asks for the details the 2nd time to assign points

Because the legislation says they have to.

CEL have no jurisdiction to make a clam in Scotland.

It's the court that has any jurisdiction - not a claimant, CEL certainly have standing to make a claim in Scotland (assuming their claim it meets the requirements to bring  court action). Not sure why you think otherwise?

One thought, are you insured on the car? Or do you have valid ‘drive other vehicle’ cover on your insurance? It may be you are not showing as insured.

Please edit (Modify button) that post immediately so as not to give away the driver ID, refer to what 'the driver' did with no I, we, he of even the dog.

As it's a work vehicle I'll advise him to check with work to see if the first NIP was received within 14 days.

Don't forget the company may lease the vehicle and not be the registered keeper, it's when the registered keeper were served it that matters.

there's no grounds to appeal

As pointed out before, it is NOT 'appeal' it's having a defence, there is no 'appeal' at this stage.

Generally speaking, is it worth pursuing to see the evidence and whether the device was calibrated recently?

As no calibration is needed to convict, the lack of one wouldn't help him.