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Hello my name is ***** ***** I will help you with this.
When you say a CCJ, a criminal Court fine wont count?
What is it you are being taken for a CCJ for?
Hi Alex- Magistrates court in area the motoring offence took place are convicting me in my absence of failing to provide the identity of the driver. They say they listed a case for 7th Nov against me and sent me a letter about it but I genuinely didn't receive anything about this. do you want to see their email shall I copy and paste it to you?
Ok - this wont be a CCJ
But did you make a statutory declaration?
yes...this is what she emailed back to me when I asked her why they were taking me to court again over the same issue..
Dear Ms Matthewman,
As you correctly state in your email this court received and processed your statutory declaration made on 2nd September 2014. The prosecution having been notified of the statutory declaration in the interests of justice saw fit to re-instate the proceedings at this court to allow you the opportunity to enter a plea to the offences you were originally requisitioned for.
A postal requisition was issued to your address at 6 Ashenden Close, Abingdon, Oxfordshire, OX14 1QE which was the address you supplied to the court when you made the statutory declaration and the case was listed for 7th November 2014.
On 7th November*****having received no response from you convicted you in your absence for the offence of failing to provide the identity of the driver. The case has been adjourned to 19th January 2015 at 10:00am for you to attend as the Magistrates are considering disqualifying you from driving.
If you do not attend the hearing 19th January 2015 you maybe disqualified in your absence. On 19th January 2015 you may have the opportunity to ask the Magistrates to set aside the conviction so that you can enter a plea to the offence of failing to provide the identity of the driver and the speeding offence.
Ok -so this is a new hearing
That is ok
You can enter a plea of guilty or not guilty.
If you plead guilty you will get 6 points and a fine
If you plead not guilty then the matter will go to trial
So there is no CCJ and it would be just to enter a plea
Can I clarify anything for you about this today please?
why do I get 6 points and not 3 points?
Because 6 is the statutory one for failure to disclose information
I already have 6 points on my license...so this will mean I will lost my license?
What date were those points and what date was this said offence?
How can I actually supply information to them when I haven't actually received the request?
Then that is your defence, you never had it
The prosecution would have to show that you had.
previous points are SP30 on 6/9/12 & 6/2/14
And date of this offence, what period are they saying on the summons?
12/10/2013 think she said on phone previoously I was driving 57 when traffic had been brought down to 50M/P/H
Then yes you would face disqualification
Because you would have 12 points.
Unless you are found not guilty.
You would only then argue exceptional hardship to save your licence.
But yes if you lose you would have 12 points.
But they still need to prove it was sent and you had it
I could probably lose my job as driving is a big part of what I do. for it. ...if its not counted as a CCJ what exactly is it as I will have to explain this to my managers in order to get the time off from work to go to the court.
Its criminal court, show them the requirement to attend.
Can I clarify anything else for you?
Do you think I would benefit from legal aid to help at the hearing?
you mean 'I won't go to prison'?
O.K thanks again!