Free Traffic Legal Advice

Hi guys, I’d really appreciate some help here as my best option and how best to respond

i had a speeding charge from a while ago, long story short someone slammed on in front of me I broke but avoided them and sped up to overtake them as the evasive move ended up with me having to pull out to avoid them but as I sped up it was clear they slammed on due to spotting a mobile speed camera parked at the side of the road.

a few months later I received a second letter saying I hadn’t responded to the first letter at a forwarded address as I had moved and the families mail were all delivered to the same address. This was already over the expiry date when it was delivered but I called up and all was fine and got allowed to respond to the fine and told them it was best to contact me via email due to problems with post and going missing etc and that I’d moved. They also informed me that whilst my driving licence was in my new address the car was registered with dvla still at my old one.
I contacted dvla who said they hadn’t received my logbook and updated details and I’d need to apply for new logbook to change its address.

i accepted the offence the 3 points and fine and returned that. I then next got a letter saying it was going to court, again arrived with only 3 days left before the date of the hearing but I was flying out of the country the morning after the letter arrived.
I reacted quickly, called the force who gave the fine who said they received my admission but sent a letter with no response and it was too late to do anything. I sent my response to the court stating all the circumstances and that I hadn’t had any opportunity to pay it as no letter received nor no first letter on original charge and also the incorrect address used, dvla not updating and police not using my alternative contact details they had been provided. I said I think I should have the opportunity to pay the fine originally offered and correct points. I also filled out the form to correct them of my contact details for future correspondence.

I then received a text message saying I have not paid my fine and contacted them to find they also had used the wrong contact details even after filling the form out correctly. I was informed they’d given me 5 points and a nearly £500 fine. When I said I don’t agree that’s fair as I had no chance the person on the phone said they agree that doesn’t sound right and maybe should have been referred back or given lower fine and points, they said my plea had been considered but obviously my forms haven’t been read thoroughly as the address was still wrong. They gave me a number and the woman just told me to appeal to have case reopened and looked at again.

sorry for long post but that’s basically the whole story. So I’m looking for any advice as my best course to deal with this and minimise the damage.
obviously I’d like, and the only thing I think is fair, is to have me pay the original fine and points I never got chance for but wasn’t sure what’s best way to respond or anything I need to include for my best chance of a decent result.

Appreciate any help, thank you

https://www.ftla.uk/speeding-and-other-criminal-offences/statutory-declarations-for-proceedings-you-weren't-aware-of/

The above may help you with the process. However from your account it seems you were aware of proceedings so would not be appropriate.

They are not "letters". They are titled documents. What and when. Also the underflying offence. Speed and limit.

You say "accepted 3 points". How?

At a rough guess this was a "letter" and said "Conditional offer of fixed penalty".

It would have also told you exactly what you needed to do to accept it. Usually:-

a) Return it accepting it.
b) Make payment of the fixed penalty
c) Notify them in the manner they request of your licence details

You don't mention b) or c).

What was the final "letter" received just before you flew out the country?

They have dealt with the case in your absence. Just as they would for any other no show.

To be brief, you cannot perform a Statutory Declaration because you were aware of the proceedings against you.

Your route to having this reopened lies with Section 142 of the Magistrates Court Act. This gives Magistrates the power to reopen a case and either set aside or modify any penalties arising from it if they believe it is in the interests of justice to do do. You need to apply to the court to put your case before the court for reopening. Whether your request is granted depends on what they think of your version of events. You may have to be persistent with your request. We have seen instances where administrative staff have decided themselves that the request should not go before the court. This is not their decision to make. It is a judicial decision that must be made by the court.

If your case is reopened, the court has the discretion to sentence you at the fixed penalty level. There is specific guidance on this:

Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.

Again, whether they do this, depends on the merit of your case, particularly how much they believe these circumstances were "outside your control".

1. - Forget any idea of trying to justify the exceeding of the limit - zero chance there.
2. Forget any idea of the initial paperwork being wrongly delivered as they used the address you gave them via the V5C,it's a separate address not to update the V5C (albeit seldom pursued).
3. Be 100% clear in your wording about the 18/4 NIP not being 'received' until the end of May? Is this true - was it not DELIVERED or had you/anyone not been to the address (you gave them) in that period? If not, then you'll need someone to witness the delivery 5-6 weeks late.
4. You'll need names of the people you spoke to at HMCTS and your cellphone records of the calls. You'll of course definitely need copies of the documents you received and those you returned.
5. I'm puzzled about you 'accepting' the three points (the 'acceptance' of which comes with a £100 fine - one without the other is null & void? Did you pay the initial fine? It seems not, so having confirmed you received the correspondence you must have known about the initial fine.

Good luck - I think you're facing a VERY expensive day out with the fine, costs, victim surcharge etc and a very low chance of success from what you've posted thus far. As suggested already - set down a clear, bullet-point timeline using the correct wording for each instance, otherwise the Mags are going to have difficulty following exactly what happened. Rehearse the 'why didn't you....' replies that you'll be asked.