Author Topic: No post received an then I get a court letter saying result of court case, did a statutory letter and now another hearin  (Read 334 times)

0 Members and 0 Guests are viewing this topic.

Leesnd62

  • Newbie
  • *
  • Posts: 6
  • Karma: +0/-0
    • View Profile
Hi,
I'm in a bit of a quandary of sorts, I didn't get any letters asking me to advise who was driver of the vehicle for a speeding offence, I then get a letter which says result of court case, I rang the court and they told me complete a statutory court declaration, which I did. I've now been given a trial date for 'failing to give information on the id of the driver'
What does this mean?
I have absolutely had no letters prior to the result of your case letter. Last year I had a similar situation, I received the initial letter I replied, then I followed it up with a phone call and was told they hadn't received my reply, they did then offer me a speed awareness.
In this case, I would have responded as I wasn't driver.

Share on Facebook Share on Twitter


NewJudge

  • Sr. Member
  • ****
  • Posts: 407
  • Karma: +16/-0
    • View Profile
Quote
What does this mean?

What it means is that the charge of which you were previously convicted and which your statutory declaration saw set aside is being put to you again. The Statutory Declaration does not make it disappear entirely.

Are your details correctly shown on the vehicle’s V5C? To have been convicted in court you must have been sent at least two items – a request for driver’s details and a Single Justice Procedure Notice.

When you say you have a date for a trial, have you entered a plea of not guilty to the charge?


Leesnd62

  • Newbie
  • *
  • Posts: 6
  • Karma: +0/-0
    • View Profile
Yes driver details on v5c are correct for owner of the car, but for the initial alleged offence I never received a SJP or request for driver details (initial offence of speeding was back in Sept 2023).

In June earlier this year I received a letter with a magistrate court outcome, though I didn’t receive the court summons for the trial / hearing!

I then called the court / justice line, who advised to complete a Stat Dec which I did at a local magistrate court and have since been sent a new court date. At the Stat Dec I can’t remember if I had to enter a plea but I do recall saying not guilty but can’t remember what that was for.

Is the new court date to begin the process of failing to provide driver info or back to the original offence?

Thanks again!

NewJudge

  • Sr. Member
  • ****
  • Posts: 407
  • Karma: +16/-0
    • View Profile
Quote
Is the new court date to begin the process of failing to provide driver info or back to the original offence?

Yes, almost certainly.

Are you the registered keeper of the car? If no, do you know whether your details were provided correctly to the police?

Leesnd62

  • Newbie
  • *
  • Posts: 6
  • Karma: +0/-0
    • View Profile
Yes I am the registered keeper of the car (and have been for a long time so no room for argument around the correct details I’m afraid!)

Do you have any thoughts around how I can explain that I genuinely didn’t receive anything about this offence except the court outcome?

Trying to disprove receiving post is proving tricky!

andy_foster

  • Global Moderator
  • *****
  • Posts: 740
  • Karma: +12/-10
  • Location: Reading
    • View Profile
Do you have any thoughts around how I can explain that I genuinely didn’t receive anything about this offence except the court outcome?

No. We apply the law to the facts as described to us, or otherwise offer advice based on the information we are given. We do not magic up plausible explanations for seemingly implausible "facts" out of thin air.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Leesnd62

  • Newbie
  • *
  • Posts: 6
  • Karma: +0/-0
    • View Profile
Thanks

In terms of applying law to facts, if I can present issues with Royal Mail services (evidenced by Citizens Advice Bureau, MPs calling for improved services, reviews of failings from Ofcom etc), is there an idea on how this would be viewed by the court as a defence?

Logician

  • Newbie
  • *
  • Posts: 30
  • Karma: +1/-0
    • View Profile
Thanks

In terms of applying law to facts, if I can present issues with Royal Mail services (evidenced by Citizens Advice Bureau, MPs calling for improved services, reviews of failings from Ofcom etc), is there an idea on how this would be viewed by the court as a defence?

That would be very useful and more than most people in your situation are able to provide.

tonys

  • Jr. Member
  • **
  • Posts: 56
  • Karma: +2/-0
    • View Profile
Thanks

In terms of applying law to facts, if I can present issues with Royal Mail services (evidenced by Citizens Advice Bureau, MPs calling for improved services, reviews of failings from Ofcom etc), is there an idea on how this would be viewed by the court as a defence?
Do those relate specifically to your address or your area? The plural "MPs" makes it look as if they are more general concerns.

Gilan02

  • Newbie
  • *
  • Posts: 10
  • Karma: +1/-0
    • View Profile
Have you checked the address on the V5c?

Leesnd62

  • Newbie
  • *
  • Posts: 6
  • Karma: +0/-0
    • View Profile
By absolute chance it is the MP for the area of the police who are prosecuting.

CAB and OfCom are much more generic but I hope to paint the picture (in line with recent developments) that the post office isn’t the revered institution it was once was…

BertB

  • Jr. Member
  • **
  • Posts: 83
  • Karma: +2/-0
    • View Profile
If the aim is simply to portray the service from Royal Mail is not up to much in general, then I don't think you will achieve what you are hoping to. The statistics for delivered Vs non-delivery/missed delivery suggests that a vastly high quantity of mail is delivered on time compared to not. Despite a lot of people in the country feeling something different.

What usually carries more weight is if there is a direct history of mail problems affecting you/your street that is documented and responded to by the RM. 

I take it there is only the single charge on the sheet? Nothing mentioning the original speeding charge?

Leesnd62

  • Newbie
  • *
  • Posts: 6
  • Karma: +0/-0
    • View Profile
Yes just the one charge of failing to provide driver info, yep point taken RE mail services.

sparxy

  • Full Member
  • ***
  • Posts: 117
  • Karma: +1/-0
  • [ib90xi8p]
    • View Profile
If you or neighbours have documented history of mail failing to arrive (written complaints/responses by RM) that would likely be more helpful than "generalised" regional issues.