Hi There. I have been summons to court on the 6th November 2014 or send a plea of guilty or not guilty where I wouldn't have to appear as my plight will be decided for me in my absence for unfortunately getting clocked driving 48 mph on a 40 mph dual carriageway in March 2014. I already have 9 points on my license. All of the points have accrued whilst being a mobile AC/Refrigeration engineer serving clientele in the south of England & Wales. I have since ceased with my career as a mobile AC engineer due to the prospect of not being able to drive at all. My current position is 12 miles from my abode & is a rotational shift, if disqualified & have to use public transport from my current address this would have me traveling 3-4 hours a day on top of the 12 hour shift I at present are employed to do. Would I need to use a solicitor or barrister to represent me at the magistrates court? I feel I could quite eloquently represent myself without paying the exorbitant fees a solicitor & a barrister would command. Would I be able to use the previously outlined as exceptional hardship as I also have a daughter whom I support & a hefty mortgage to service? Any advice would be good. Many thanks Yours sincerely ***** *****
Hello my name is ***** ***** I will help you with this.
For now please let me know the date of your other points and the date of this offence?
What were the previous points for please?
All the other points were SP30's. All under 10mph over speed limit.
Dates of all offences please?
The court date is 6th November & the alleged offence committed on the 3rd March 2014
And previous point offence dates?
What date is the summons by the way?
I had 2 offences in 2013 & 1 in 2012
Ok, what is the date of the summons?
6th November as stated
That is when you are due in Court.
What is the date of the summons itself?
or to have my plea read out via the correspondence that has been sent to me to furnish them with.
Yes but I need to know the date of the summons, what date was it issued?
It should say date of issue or date of information
I had this notice through the post on the 10th of October
Yes, on the summons itself, what is the date it was produced?
It is really important, I need to know
There is not a date stating this but a signed notice to defendant saying I have been served on the 9th October.
If you can't see it can you scan and upload it?
There must be a date of information or date of issue. I really need that date
Is a postal requisition & a summons two different things
But either way there will be a date on it
There must be a date of issue or date of information
The reason I ask is that if the date of information or summons is AFTER 2nd September 2014 then it is out of time
They have 6 months to issue a summons/requisition
If it is longer than this it is out of time and they can't take you to Court
So you see, the date is quite crucial here
The letters I have received are titled Section A : Notice to Defendant- Proof By Documentary Evidence. Then the date of said hearing (6th Nov 2014)
Yes what about on the front?
Can you scan and upload it?
The letters I have recieved are titled Notice to Defendant Proof by Documentary Evidence then the date of hearing
But the postal req - it must have a date on it
The date it was issued or produced
Ok , very crucial indeed.I'll peruse this further & scan. What is your email address please ?
You can use the paperclip icon here
Or if that does not work upload it to Flickr
Remember to block out your name and address of course!
I will do my best as are a tad challenged I.T. wise. Will need 10 - 15 mins. Is this ok?
But is there not just a date on the front of the requisition ?
There is no date on the front of the requisition just proof of date of being served requisition. There is however a sheet that states CHARGES
How have you got on with uploading?
So on the front page with your address there is no date?
Not Great as not synced to PC for scanning but have found : Charges :-Date of Information 28/08/2014. Then the alleged speeding offence outlined by the officer who was operating the speed camera
That is what I need, date of information
Sadly it is JUST in time
If it had been after 2nd September it would have been out of time
Sadly therefore if you plead guilty you will have 12 points
So they've snuck in
That means you are liable for disqualification for 6 months unless you can show exceptional hardship
Now that is exactly what it means - exceptional
Not just hardship
Now you need to show not only would hardship be caused to you but others that rely on you
Simply saying you will lose your job is not enough
Case law shows that even a taxi driver who would lose his job is not enough
Generally courts are more sympathetic to those who rely on you
for example if you are the main breadwinner and would lose your home, the effect on wife and kids
Ideally you need to take them with you to Court to show what an impact it would make
But I would get representation as a Solicitor/Barrister can put forward a better argument
A direct access barrister will be around £300 - £500 but well worth it to keep the licence
Would the court show leniancy if I can prove I have changed my circumstances so I'm not driving contiuously
But you should be warned, if you get ANY points in the 3 years if exceptional hardship is granted, you are stufed
You cant use the same argument again
Changed circumstnaces - no, that is not relevant
Can I clarify anything for you about this today please?
My daughter lives in New Zealand so I support her from here in the UK & I live alone so it looks like I'm just another innocent going about my chores caught up in the red tape & getting kicked for it.
Sadly that does not helpo
If you have ill parents and they rely on you for transport etc, that all helps
Thanks for your insight. Have pretty much been told all of what you've told me today albeit an almost glimmer of hope with the time frames.
Yes but you see what that was so important.
A week later you would have been ok
But if you are disqualified the plus side is your points go back to 0
You just need to get evidence if others rely on you for transport
That is the key really
I get myself about to earn for my daughter, & my outgoings so looks like I'm going to be doing 16 hour days for 6 months if I don't leave the UK. Coincidentilty my mum died two weeks ago...
Ah I see.
Well if your daughter can provide a written statement about how she relies on you etc, that would help even if she cant physically attend
I just need to know if I send in my plea of guilty, & fill out the mitigating circumstances to be taken into consideration, would this impact the outcome of my sentencing if I don't attend or do attend
The fact is the 3 points to make it 12 is mandatory
The court will adjourn for you to attend for sentence because of the points
So you will either go in November or at a later hearing
The offence itself was on a dual carriageway where the stretch of road goes abruptly from 60 to 40mph & was in fact slowing when I was photographed (speedtrap). This I imagine would not be useful to mention?
3 points is mandatory
Its not the speeding you need to concentrate on, its the exceptional hardship
And remember you need to show that - exceptional
Exceptional hardship is me having no means of getting to work on time due to public transport links not being there. Other than that & my daughters needs I think thats all I have.
Thank you Alex
Yes but that might be the edge you need
You MUST get a statement from daughter
Without that you are stuffed
Also get a letter from work saying you will be fired if you dont have transport
I will do my best in the time I have as I don't have a great deal of time.
Can I clarify anything else for you today please?
You've been helpful enough I think. Thanks for your time.
Thank you and good luck.
Let me know how you get on will you?
But I would consider instructing a Public access barrister to deal with the argument for you
Can I help with anything else today?
Will I have to pay to get in touch with you?
No, you can come back to this question at any time
Or you can ask for me personally with a new question but you must start it: For Alex W
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