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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I recently was convicted of failing to give driver information

Customer Question

Hi
I recently was convicted of failing to give driver information relating to a speeding offence and ended up £500 fine 6 points, I pleaded guilty to both charges speeding 6mph over limit and failing to give driver info with mitigating circumstances which warranted consideration albeit I wasn't the driver,

At the hearing in my submission I had given the drivers name & address in writing.

The prosecution stated to the court that I was served notice 3 times the opportunity to submit the drivers name etc, the last being by recorded delivery. I never received the 3rd notice, and have the tracking number, the camera unit confirmed it was never delivered and return to them on a date prior to the hearing.

I believe I have reasonable grounds for appeal.

Is this the case?

And how do I seek leave to appeal on the basis the procecution gave the court false and misleading information?

Regards XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Why did you plead guilty to failure to provide, if you had given the information please?

JACUSTOMER-y8nx1fvw- : Because I hadn't given the information as requested in the two opportunities given. My mitigating circumstance were that the driver had assured me on 2 occasions that he had completed the documentation, and returned it. Had I received the 3rd notice I would have completed it myself
Alex Watts :

6 points is required by law, there is no discretion there.

Alex Watts :

If you provided details of your income then a fine is income related.

Alex Watts :

The fact that the prosecution said x,y,z may have made no difference to sentence.

Alex Watts :

6 points is legal minimum and sentence fine is related to income.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-y8nx1fvw- : Surely any decision made by the magistrates was based solely on the assertion given by the procescution. And subsequently the bench would determine their conclusion based on that, therefore if they stated I receive by recorded delivery a third notice, and I can prove it was never delivered. This must be grounds for appeal?
Alex Watts :

Well the prosecution outline it. But then they sentence based on your versio.

Alex Watts :

versionb

Alex Watts :

But what are you trying to appeal?

Alex Watts :

You pleaded guilty.

Alex Watts :

You could only appeal sentence.

Alex Watts :

6 points is the legal minimum

Alex Watts :

The fine is related to your income

Alex Watts :

So I can't see what appealing would achieve?

JACUSTOMER-y8nx1fvw- : Because technically having receive 2 opportunities to submitt information I would be, however if I had receive the 3rd notice I would have submitted the information myself and not relied on the drivers word thus this case would not have gone to court.
Alex Watts :

But you pleaded guilty?

Alex Watts :

You accept the offence.

Alex Watts :

You can't appeal a conviction if you pleaded guilty.

JACUSTOMER-y8nx1fvw- : based purely on receipt of 2 notices not 3 as the procecution asserted
Alex Watts :

But you pleaded guilty?

Alex Watts :

If you did not admit then offence then you should not have pleaded guilty

Alex Watts :

You can't plead guilty and then say, well actually I am not - can you see the difficulty there?

JACUSTOMER-y8nx1fvw- : Sorry this isn't very helpful, you could have stated that in your first reply.
Alex Watts :

But you said you pleaded guilty - have I understood correct?

JACUSTOMER-y8nx1fvw- : No positive review from me sorry
Alex Watts :

But you said you pleaded guilty - have I understood correct?

JACUSTOMER-y8nx1fvw- : I said that in my first statement, therefore your response should have been you can't appeal so tine you pleaded guilty too
Alex Watts :

You said that you had pleaded guilty.

Alex Watts :

I then said that 6 points is required by law and no discretion and the fine is income related.

Alex Watts :

You asked if you could appeal and I sought to clarify that you can't appeal the sentence because what you have been given is prescribed by law.

Alex Watts :

It was only later after we had been talking that you said you wanted to appeal on the basis that you pleaded guilty and were not.

Alex Watts :

You said in your question: "And how do I seek leave to appeal on the basis the procecution gave the court false and misleading information?"

Alex Watts :

That is why I answered the question the way I did

Alex Watts :

This is the same as if you went to see a Solicitor, bearing in mind we have only exchanged a few lines.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-y8nx1fvw- : No
Alex Watts :

Is the position clear as of course I want to make sure that the answer is understood.

Alex Watts :

You can't appeal conviction because you pleaded guilty.

Alex Watts :

You can appeal sentence (which is what I initially thought you want to do).

Alex Watts :

However if you appeal sentence the Court has to give 6 points and a fine related to your income

Alex Watts :

So it may be appealing sentence makes no difference whatsoever

Alex Watts :

Has that covered all the elements of the question for you?

JACUSTOMER-y8nx1fvw- : Sorry alex your wasting my time now and i am guessing money
Alex Watts :

I am more than happy to help only too pleased to continue

Alex Watts :

I want to make sure all parts of your question have been fully answered.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today,you will see I sought clarification on the question), if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

I am sorry if this is not the answer you wanted and certainly not the one I want to give, but I have a duty to be honest with you.

JACUSTOMER-y8nx1fvw- :

hi please below

JACUSTOMER-y8nx1fvw- :

If you pleaded guilty you can normally only appeal your sentence.


You should appeal within 21 days of the date you were sentenced.


Your appeal will be heard by the Crown Court.

Alex Watts :

I see you have said bad service despite me giving you the legal answer and trying to answer any other issues you may have.

Alex Watts :

What else can I do to make you happy?

JACUSTOMER-y8nx1fvw- :

I have requested a refund Alex, as i have shown you the answer i would have expected from an expert in their field

Alex Watts :

Ok - all the best with this

Alex Watts :

Have a great weekend and good luck

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