Author Topic: Court details sent to wrong address nightmare  (Read 1585 times)

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AnneH

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Re: Court details sent to wrong address nightmare
« Reply #15 on: July 12, 2024, 04:30:36 pm »
The code is CD10 Driving without due care and attention. There was never an issue with failing to identify the driver.

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #16 on: July 12, 2024, 06:27:02 pm »
@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.

Gilan02

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Re: Court details sent to wrong address nightmare
« Reply #17 on: July 12, 2024, 07:20:12 pm »
So he has never confirmed he was the driver?

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #18 on: July 12, 2024, 07:28:12 pm »
The fact is he did not deny he was the driver either. The police asked him to look at the footage and make any voluntary comments. There was never any question of him not being the driver and all he wanted to do was make an early plea and offer his remorse for is poor judgement

Southpaw82

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Re: Court details sent to wrong address nightmare
« Reply #19 on: July 12, 2024, 07:30:56 pm »
The fact is he did not deny he was the driver either. The police asked him to look at the footage and make any voluntary comments. There was never any question of him not being the driver and all he wanted to do was make an early plea and offer his remorse for is poor judgement

Nobody asked if he had denied being the driver. The question was whether he had admitted to being the driver. You may think there’s no difference, but there is and it’s an important question.

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #20 on: July 12, 2024, 08:14:24 pm »
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

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Re: Court details sent to wrong address nightmare
« Reply #21 on: July 12, 2024, 08:20:17 pm »
Yet it sounds as if (1) he was never asked via s172 request to confirm he was the driver, (2) he was only charged with careless driving and not failure to identify, and (3) he was only convicted of careless driving?


[Edit: Above in response to Gilan02 and Southpaw.  Cross-posted with AnneH]
« Last Edit: July 12, 2024, 08:22:14 pm by ManxTom »

andy_foster

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Re: Court details sent to wrong address nightmare
« Reply #22 on: July 12, 2024, 08:58:33 pm »
Whether or not this is a potential issue would seem to depend on what was said in the voluntary response. Unless the response was effectively "no comment", it seems likely that he would have identified himself as the driver in that response.

That said, I'm not a qualified dentist.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

NewJudge

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Re: Court details sent to wrong address nightmare
« Reply #23 on: July 12, 2024, 09:47:51 pm »
I may be thinking too far outside the box here, but since he has been convicted and sentenced and since he cannot perform a Stat Dec because he knew of the proceedings, isn't his only chance of having his case re-visited to persuade the court to re-open under s142? Whether it would be worth the trouble is not clear. The fine (assuming it includes costs and surcharge) does not seem excessive. But the six points is a bit of a worry. Then of course there's the bailiffs' fees.

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #24 on: July 12, 2024, 10:38:58 pm »
@NewJudge I agree. The fine would have been paid promptly I am sure and I agree the 6 points is excessive. But the bailiff issue will not go away unless the court makes this happen - the charges just keep rising. It’s only fair I think that the case is reopened and dealt with with the view my son is remorseful and was prepared to enter an early guilty plea to save everyone’s time.

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #25 on: July 15, 2024, 08:54:33 pm »
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

Grant Urismo

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Re: Court details sent to wrong address nightmare
« Reply #26 on: July 16, 2024, 09:27:23 am »
Just a quick thought - is there a number 13 on your road? Modern estates often don't have a number 13 as it's harder to sell a house with an 'unlucky number'. If there isn't one, it might be worth getting a photo of number 11 next to number 15, just in case you need evidence that mail sent to number 13 would have been returned to sender.

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #27 on: July 16, 2024, 10:58:47 am »
Very interesting and we have investigated that route. The address does exist. A Google search of the address revealed the owner passed away in September 2023 a month before my son committed his offence. As at April 2024 her estate seemed to be going through probate. The property had been empty since.
Last Saturday past, my son spotted a young couple moving into the house so he shot round to ask if any letters had arrived there for him. Unfortunately the place had been cleared and tidied up prior to the sale. What are the chances eh?
Btw we have asked the police officer for the orig copy of the S172, waiting on that. Fingers crossed.

AnneH

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Re: Court details sent to wrong address nightmare
« Reply #28 on: July 18, 2024, 12:41:05 pm »
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

The Rookie

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Re: Court details sent to wrong address nightmare
« Reply #29 on: July 18, 2024, 01:17:23 pm »
I’ve today written to the bailiff company to formally notify them of the section 142 request.

I hope this will suspend their actions for now.
Unfortunately that is meaningless to them, and no it won't.
There are motorists who have been scammed and those who are yet to be scammed!