How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have just been to Court today as the Director of a limited

Customer Question

I have just been to Court today as the Director of a limited Company and was Fined £600 plus £650 costs for a speeding ticket that we never recieved .Barry
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
How can I help with this?
Customer: replied 3 years ago.

For JOMO1972.is it worth going to appeal

Expert:  Jo C. replied 3 years ago.
It depends really.

Were you fined for speeding or failing to provide details of the driver?
Customer: replied 3 years ago.

FORJOMO1972 Failing to provide details of driver,the company never recieved the original paperwork Barry

Expert:  Jo C. replied 3 years ago.
Did you enter a plea?
Customer: replied 3 years ago.


ForJomo1972 yes not Guilty,how could we give them the name of the driver without the speeding ticket,once we had the summons we replied to the cort the same day with the drivers information..Barry

Expert:  Jo C. replied 3 years ago.
It is certainly a defence to say that you did not receive the original nip.

You cannot respond to the nip naming the driver if you have not received it.

However, I'm afraid it is possible for the court to have found you incredible one that points and just simply disbelieved your evidence. You must have given evidence on oath and the court does have to find you reasonably credible upon the points of not receiving the nip. In fairness, they do usually send one nip and then a reminder. Clearly in this case you got the summons and so the address must have been correct.

You could appeal to the Crown Court and there will be a fresh hearing. Obviously you will have a similar problem at the Crown Court of convincing the courts that you are or may be telling the truth. In fairness, it will come down entirely to your credibility as the Crown cannot gainsay what you say on that point. All the Crown will be able to see is that the original nip was sent out 1st class post. It's not possible to say that it was received. Obviously the fact that 2 nips went missing is a difficulty but cannot be gainsaid by the Crown.

You might get a different decision at the Crown Court. It wouldn't be the 1st time that magistrates, in particular, had got it wrong. But obviously I cannot guarantee that a higher court will find you credible.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions