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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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hi I wonder if you can advise me please supposedly my vehicle

Customer Question

hi I wonder if you can advise me please supposedly my vehicle was caught on a mobile camera in leicster in august 2013, I was not informed of this at any time but I was sent a court summons for £ 700 and 6 points for not giving the information to the police or court.
but at no time has my vehicle been in leicster in the last 15 yrs at least, I contacted the court and was advised to make a statatury declaration which I have done, I have attached the two detailed letters to the court and to the dvla, who said they would pass it to the police but to date that has not been done , I have also asked the court clerks to ask for some form of id that its my vehilcle but to date no response, finally the statatury declaration is in court on 3/4/2014 at 10 am.
I will be attending court but on Wednesday to explain that my vehicle never left my drive on that day, so I cannot give the court any further evidence , I do feel that there must be another car the same with my number plate on it, but I can only prove this by looking at the photo evidence which is not forthcoming, wHAT ELSE CAN I DO .
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

what do I say to the court so my declaration is agreed by the judge , I need the camera evidence from the police which I have asked for and the fact that that my vechile was never there.

Expert:  Jo C. replied 3 years ago.
Do the DVLA have the right address for you?
Customer: replied 3 years ago.

yes they contacted me after the court case to ask for my driving licence hence my letter to the dvla with the letter I attached to the court.

Expert:  Jo C. replied 3 years ago.
OK.

Can I just be clear about this?

You are saying that you are due to make a statuory declaration on the 3rd? What exactly is happening on the 3rd?
Customer: replied 3 years ago.

I go to court to hear my declaration in from of a judge as I understand it and see if he will set it aside or whatever he will do I suppose I have to try to prove ny motor was not there when I had no knolage of the event or documentation sent to me until the court summons for the fine and points.

Expert:  Jo C. replied 3 years ago.
Ok. That is not the issue for a statutory declaration.

Did you get the original summons?

If so, why did you not answer it?
Customer: replied 3 years ago.

no I never had any summons or any notification about this incident until I had the fine from the court, I was advised by the court when I contacted them to ask for a statatuory declaration saying I had no notification of this before the court sent me a bill .


 

Expert:  Jo C. replied 3 years ago.
Ok.

If all you are trying to do is set aside the court finding then you just need to make a statutory declaration.

A statutory declaration considers only one thing. That is whether or not you received the summons and would have been informed about the date of court. If you did not then you have the basis for a summons.

You may find that an interfering clerk will ask you whether or not you have a defence to the substantive allegation. I have to say that I can see no basis for them to do so. However, sometimes they do. You should not be asked any more than whether you are guilty or not but sometimes they do probe a bit further.

If they do then you may as well answer those questions.

The truth is though that all of that is for a further hearing if the Crown decide to pursue this again.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/