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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi There. I have been summons to court

Resolved Question:

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 ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know the date of your other points and the date of this offence?

Alex Watts :

What were the previous points for please?

JACUSTOMER-mkhwnqih- :

All the other points were SP30's. All under 10mph over speed limit.

Alex Watts :

Dates of all offences please?

JACUSTOMER-mkhwnqih- :

The court date is 6th November & the alleged offence committed on the 3rd March 2014

Alex Watts :

And previous point offence dates?

Alex Watts :

What date is the summons by the way?

JACUSTOMER-mkhwnqih- :

I had 2 offences in 2013 & 1 in 2012

Alex Watts :

Ok, what is the date of the summons?

JACUSTOMER-mkhwnqih- :

6th November as stated

Alex Watts :

That is when you are due in Court.

Alex Watts :

What is the date of the summons itself?

JACUSTOMER-mkhwnqih- :

or to have my plea read out via the correspondence that has been sent to me to furnish them with.

Alex Watts :

Yes but I need to know the date of the summons, what date was it issued?

Alex Watts :

It should say date of issue or date of information

JACUSTOMER-mkhwnqih- :

I had this notice through the post on the 10th of October

Alex Watts :

Yes, on the summons itself, what is the date it was produced?

Alex Watts :

It is really important, I need to know

JACUSTOMER-mkhwnqih- :

There is not a date stating this but a signed notice to defendant saying I have been served on the 9th October.

Alex Watts :

If you can't see it can you scan and upload it?

Alex Watts :

There must be a date of information or date of issue. I really need that date

JACUSTOMER-mkhwnqih- :

Is a postal requisition & a summons two different things

Alex Watts :

Yes.

Alex Watts :

But either way there will be a date on it

Alex Watts :

There must be a date of issue or date of information

Alex Watts :

The reason I ask is that if the date of information or summons is AFTER 2nd September 2014 then it is out of time

Alex Watts :

They have 6 months to issue a summons/requisition

Alex Watts :

If it is longer than this it is out of time and they can't take you to Court

Alex Watts :

So you see, the date is quite crucial here

JACUSTOMER-mkhwnqih- :

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)

Alex Watts :

Yes what about on the front?

Alex Watts :

Can you scan and upload it?

JACUSTOMER-mkhwnqih- :

The letters I have recieved are titled Notice to Defendant Proof by Documentary Evidence then the date of hearing

Alex Watts :

But the postal req - it must have a date on it

Alex Watts :

The date it was issued or produced

JACUSTOMER-mkhwnqih- :

Ok , very crucial indeed.I'll peruse this further & scan. What is your email address please ?

Alex Watts :

You can use the paperclip icon here

Alex Watts :

Or if that does not work upload it to Flickr

Alex Watts :

Remember to block out your name and address of course!

JACUSTOMER-mkhwnqih- :

I will do my best as are a tad challenged I.T. wise. Will need 10 - 15 mins. Is this ok?

Alex Watts :

Sure.

Alex Watts :

But is there not just a date on the front of the requisition ?

JACUSTOMER-mkhwnqih- :

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

JACUSTOMER-mkhwnqih- :

Charges

Alex Watts :

How have you got on with uploading?

Alex Watts :

So on the front page with your address there is no date?

JACUSTOMER-mkhwnqih- :

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

Alex Watts :

That is what I need, date of information

Alex Watts :

Sadly it is JUST in time

Alex Watts :

If it had been after 2nd September it would have been out of time

Alex Watts :

Sadly therefore if you plead guilty you will have 12 points

JACUSTOMER-mkhwnqih- :

So they've snuck in

Alex Watts :

That means you are liable for disqualification for 6 months unless you can show exceptional hardship

Alex Watts :

Now that is exactly what it means - exceptional

Alex Watts :

Not just hardship

Alex Watts :

Now you need to show not only would hardship be caused to you but others that rely on you

Alex Watts :

Simply saying you will lose your job is not enough

Alex Watts :

Case law shows that even a taxi driver who would lose his job is not enough

Alex Watts :

Generally courts are more sympathetic to those who rely on you

Alex Watts :

for example if you are the main breadwinner and would lose your home, the effect on wife and kids

Alex Watts :

Ideally you need to take them with you to Court to show what an impact it would make

Alex Watts :

But I would get representation as a Solicitor/Barrister can put forward a better argument

Alex Watts :

A direct access barrister will be around £300 - £500 but well worth it to keep the licence

JACUSTOMER-mkhwnqih- :

Would the court show leniancy if I can prove I have changed my circumstances so I'm not driving contiuously

Alex Watts :

But you should be warned, if you get ANY points in the 3 years if exceptional hardship is granted, you are stufed

Alex Watts :

You cant use the same argument again

Alex Watts :

Changed circumstnaces - no, that is not relevant

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mkhwnqih- :

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.

Alex Watts :

Sadly that does not helpo

Alex Watts :

If you have ill parents and they rely on you for transport etc, that all helps

JACUSTOMER-mkhwnqih- :

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.

Alex Watts :

Yes but you see what that was so important.

Alex Watts :

A week later you would have been ok

Alex Watts :

But if you are disqualified the plus side is your points go back to 0

Alex Watts :

You just need to get evidence if others rely on you for transport

Alex Watts :

That is the key really

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mkhwnqih- :

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...

Alex Watts :

Ah I see.

Alex Watts :

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

JACUSTOMER-mkhwnqih- :

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

Alex Watts :

None whatsoever

Alex Watts :

The fact is the 3 points to make it 12 is mandatory

Alex Watts :

The court will adjourn for you to attend for sentence because of the points

Alex Watts :

So you will either go in November or at a later hearing

JACUSTOMER-mkhwnqih- :

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?

Alex Watts :

No.

Alex Watts :

3 points is mandatory

Alex Watts :

Its not the speeding you need to concentrate on, its the exceptional hardship

Alex Watts :

And remember you need to show that - exceptional

Alex Watts :

Not just hardship

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mkhwnqih- :

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.

JACUSTOMER-mkhwnqih- :

Thank you Alex

Alex Watts :

Yes but that might be the edge you need

Alex Watts :

You MUST get a statement from daughter

Alex Watts :

Without that you are stuffed

Alex Watts :

Also get a letter from work saying you will be fired if you dont have transport

JACUSTOMER-mkhwnqih- :

I will do my best in the time I have as I don't have a great deal of time.

Alex Watts :

Of course.

Alex Watts :

Can I clarify anything else for you today please?

JACUSTOMER-mkhwnqih- :

You've been helpful enough I think. Thanks for your time.

Alex Watts :

Thank you and good luck.

Alex Watts :

Let me know how you get on will you?

Alex Watts :

But I would consider instructing a Public access barrister to deal with the argument for you

Alex Watts :

Can I help with anything else today?

JACUSTOMER-mkhwnqih- :

Will I have to pay to get in touch with you?

Alex Watts :

No, you can come back to this question at any time

Alex Watts :

Or you can ask for me personally with a new question but you must start it: For Alex W

Alex Watts :

Confusingly there are 3 Alex's on here!

Alex Watts :

If this answers your question might I invite you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-mkhwnqih- :

Ok Alex Watts. I won't stalk you. I will rate you as being good.

JACUSTOMER-mkhwnqih- :

Cheers

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