Free Traffic Legal Advice

Good morning everyone,

Newbie on this forum, which was recommended to me by an ol fren. Wish everyone a relaxing weekend.

My problem might be slightly unique. Just received two different summons, to attend court. One in my name and one for an unknown person. A little bit about my case, as below

In winter of last year, was driving down the M5 in the left lane. It was coming up to midnight, raining heavily and thought there seems to be surface water too. So slowed down, didn't realize that this was too slow as a Police car pulled me aside. Apparently I was doing 40 something in the left lane. Immediately apologized to the traffic cop and was written a fixed term penalty notice. Then sent on my way, after passing the breath test and getting an earful about not driving slowly in the future.

Later on received the fixed term penalty offer in the post,  for a course or 100 quid and 3 points. Took the 100 quid 3 point offer and paid the fine immediately. Sadly, forgot to send my license , my bad. Got a reminder in the post after a couple of months, which got misplaced in the heap of junk mail. After which I got a letter about referral to courts via the single justice procedure.

I wrote back, explaining my position, pleading for the same fines/points to be imposed as per the fixed penalty notice. Explained, that as a Heath care worker, need my license to work, as I work across the country as a temp. Even highlighted my role as a covid warrior , was the only worker in my dept, who worked throughout the pandemic, without taking a single day off. In 20 years of living, working and driving, don't have any offences, no points and never caused any trouble to anyone.

Despite this, I now received two letters, one is in my name and one I don't know. Both are for referrals to attend court. Reason in my case is ' Case inappropriate for the Single Justice Procedure'
Asked to attend court, date and time given.

Felt a bit shocked and let down. If I had sent the license, this wouldn't have come to this day. Why is there such a huge variance, from points/fines to court attendances and possible facing a ban.
Could anyone PLEASE advise on how to go about? I rather pay a Solicitor and be represented than turn up and not know how things work or what might hit me.

I don't mind a driving ban, it will be a pain but will survive. Real fear is a criminal record as I work with vulnerable so have to do an enhanced DBS check every year. A criminal record may be frowned upon by my agency or even the regulation body.
Please do advise
Kind Regards

HB

Any info/ ideas? Plz

My idea would be not to chase for a response less than 4 hours after posting on a weekend.

Thanks, Madann

Trying to recollect what I have written. Most of it is as given below
-------
Dear Sir
I was stopped by the police for driving at 45 mph in the left hand lane on the M5. It was late at night , dark and raining heavily
I thought  I was being cautious but in hindsight this isn't the case . As driving slowly can also create risks for other drivers. On being stopped, I was asked for my comments  and I profusely apologised to the police constable
 
I later received a fixed term penalty notice, where I accepted the fine of 100£ and  3 points on my license. Please find the credit card payment details of the 100£ fine
Sadly, the driving license was sent to a wrong adress and got returned
While I presumed I had the points electronically on my license
Later on, in April the Police sent me another notice. I was away, working at Hospital up north for two weeks in a row on call
In the meanwhile, my wife had to attend hospital with chest  pain and uncontrolled  HT
So in this chaos,  this letter got missed

I humbly request to please forgive me for all this. As the only earning member of the family and as an agency staff , I need the license to work and pay bills and travel 
I have always been law abiding and worked hard and my driving record has been spotless Except for this one episode
I herby plead guilty and am willing to accept wherever punishment you feel appropriate

Would be grateful if you could fine me the same as the fixed term penalty 
-----
Was this OTT? Or did it sound like I was arguing my case ?

... My problem might be slightly unique. Just received two different summons, to attend court. One in my name and one for an unknown person...

... Despite this, I now received two letters, one is in my name and one I don't know. Both are for referrals to attend court. Reason in my case is ' Case inappropriate for the Single Justice Procedure'
Asked to attend court, date and time given...

So you've received two court summons: one with your address and your name on, and a second with your address but with someone else's name on?  And you have no idea who that person is?

So you've received two court summons: one with your address and your name on, and a second with your address but with someone else's name on?  And you have no idea who that person is?

If that is the case it is presumably a failure in the enveloping (which does make one wonder how they can reasonably assert everything correctly enters the postal system) and the OP ought to let the know, otherwise the correct recipient of the second SJPN is liable to get convicted in their absence and caused a certain amount of grief.

Quote from: ManxTom on June 08, 2024, 09:58:34 pm

So you've received two court summons: one with your address and your name on, and a second with your address but with someone else's name on?  And you have no idea who that person is?

If that is the case it is presumably a failure in the enveloping (which does make one wonder how they can reasonably assert everything correctly enters the postal system) and the OP ought to let the know, otherwise the correct recipient of the second SJPN is liable to get convicted in their absence and caused a certain amount of grief.

That's a good point that I hadn't considered.

How reliable is a "system" that can send out a court summons (or anything else) to the wrong address?

I’m not sure why you’re getting salty with posters on here.

- If caught, even for minor infringements, expect to get hit to the max, no sympathy or humanity will be shown. Even if you worked in these fields for 20+ years with a clean record

You are not getting "hit to the max" simply because of the minor driving infringement.
You have been summonsed to appear in court because two things you failed to do following your receiving the paperword for the offence you committed:

" Sadly, forgot to send my license , my bad. Got a reminder in the post after a couple of months, which got misplaced in the heap of junk mail. After which I got a letter about referral to courts via the single justice procedure.

It's got nothing whatsoever to do with your ethnicity and to play the race card as you appear to be doing:

If, as an ethnic, specially Asian, you are caught even for a trivial reason,  do they take out all their pent up anger and frustrations on you?
By throwing the kitchen sink  at you?

simply devalues real racism when it does actually occur.