Free Traffic Legal Advice

I am not sure where to start so please can anyone point me in the right direction as I may not even have the right category.
This is the gist of the issue: my son was caught on camera by a cyclist after what was considered to be a poor and misjudged overtaking a cyclist manoeuvre. In other words driving without due care and attention. The police sent the forms to the wrong address using 13 instead of 3 which is the correct house number.
To cut a very long story short my son discovered the police error through emails with the police and wrote to the court a few days before the hearing and explaining he did not have any of the documents from the court and had he received them, he would have put in an early guilty plea and accepted any fines and penalties.
The court acknowledged this email letter stating it was all on file.
several weeks went by and he heard nothing until one day out of the blue he received a text message from CDER group bailiffs stating they were sending a vehicle to his house to collects goods.
Calling the bailiffs revealed an even more confusing situation, they were calling at an address he hasn’t lived at for over 5 years.
We called the court yesterday and couldn’t get past the admin person who insisted we send an email to explain the situation. We can’t speak to anyone on the legal team and the bailiff text messages arrive daily.
What is the best move forward? We need to see the original court documents and we need to stop the bailiff threat. My son totally acknowledges his oversight but the situation has become a nightmare. We have no idea how much the original fine was but it is currently sitting at over £830 with the bailiffs. What can we do?
It’s Buckingham Magistrates court
kind regards Anne
ps if I have used the wrong category, please point me in the right direction if you can.

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

Thank you Andy, you haven’t missed anything.

Just to add the only reason the police officer forwarded a copy of the SJPN in the first place was because my son contacted him to find out if he had been charged or not. In other words had he not done this we would not have seen or received anything at all.

Has your son checked his driving record online to see what (if any) endorsement has been applied? It will help us understand what might have happened. He can do that here:

https://www.viewdrivingrecord.service.gov.uk/driving-record/licence-number

For information the OP originally posted on MSE where it has been suggested her son needs to contact the mags court and request the case be reopened under s142.

https://forums.moneysavingexpert.com/discussion/6540450/confusion-at-magistrate-court-and-wrong-address/p1

(Can't do a statutory declaration 'cos he was aware of the proceedings?)

Quote from: Southpaw82 on July 12, 2024, 08:31:27 am

Quote from: The Rookie on July 12, 2024, 07:59:16 am

While sorting everything else I suggest your son checks the V5c registration document for the car, the usual cause of letters going astray in these cases is that the V5c hasn't been updated following a move or has an error in the address which a postie may have spotted that once and delivered to the correct person but is no guarantee going forwards.

It’s a company car.

Thanks, so do the company have the right address, did they supply that, did he get the NIP etc....

On MSE the OP has said that the company "passed the request" on to her son and that he completed and returned it.  Not clear if he completed the request sent to the company or whether the company had named him and he'd received his own...

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

... 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...
... 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

1.  So your son's employer identifed your son as the driver, but your son never received a notice/request in his own name to identify the driver?

2.  Did your son's employer provide the wrong address when naming your son?

3.  How did the police know your son's number to send him a text?

4.  Waht was your son charged with?  Careless driving or failing to identify or both?

5.  What was your son convicted of to get 6 points?  Was it careless driving or was it failing to identify the driver?