How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi there - I have a CCJ coming up in January. It seems a bit

Resolved Question:

Hi there - I have a CCJ coming up in January. It seems a bit unfair to me? I had a motoring conviction brought against me October last year but nobody informed me properly about it as all the letters went to a previous address (even though my license is registered to my current address). I eventually was asked for money and to hand in my license to DVLA but by the time I had these letters it seemed I had already been taken to court for failing to supply driver's info at time. I went to my local court and done a statutory declaration to show this was unfair as they never supplied me with the information to my actual address until it was too late for me to act. Eventually I was allowed to drive again and the DVLA said they wouldn't need my license after all.
I received a letter from the original court a week ago saying that they are taking me to court again...'they say' they sent me a letter to ask if I was the driver..but I haven't had no correspondence since I went to my local court to sort it out back in September. I still to date have no letter about the original motoring offence. DO you have any advice for me please?
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 :

When you say a CCJ, a criminal Court fine wont count?

Alex Watts :

What is it you are being taken for a CCJ for?

Customer:

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?

Alex Watts :

Ok - this wont be a CCJ

Alex Watts :

But did you make a statutory declaration?

Customer:

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..

Customer:

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.



Regards


Alex Watts :

Ok -so this is a new hearing

Alex Watts :

That is ok

Alex Watts :

You can enter a plea of guilty or not guilty.

Alex Watts :

If you plead guilty you will get 6 points and a fine

Alex Watts :

If you plead not guilty then the matter will go to trial

Alex Watts :

So there is no CCJ and it would be just to enter a plea

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

why do I get 6 points and not 3 points?

Alex Watts :

Because 6 is the statutory one for failure to disclose information

Customer:

I already have 6 points on my license...so this will mean I will lost my license?

Alex Watts :

What date were those points and what date was this said offence?

Customer:

How can I actually supply information to them when I haven't actually received the request?

Alex Watts :

Then that is your defence, you never had it

Alex Watts :

The prosecution would have to show that you had.

Customer:

previous points are SP30 on 6/9/12 & 6/2/14

Alex Watts :

And date of this offence, what period are they saying on the summons?

Customer:

12/10/2013 think she said on phone previoously I was driving 57 when traffic had been brought down to 50M/P/H

Alex Watts :

Then yes you would face disqualification

Alex Watts :

Because you would have 12 points.

Alex Watts :

Unless you are found not guilty.

Alex Watts :

You would only then argue exceptional hardship to save your licence.

Alex Watts :

But yes if you lose you would have 12 points.

Alex Watts :

But they still need to prove it was sent and you had it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Alex Watts :

Its criminal court, show them the requirement to attend.

Alex Watts :

Can I clarify anything else for you?

Customer:

Do you think I would benefit from legal aid to help at the hearing?

Alex Watts : Unlikely and you won't gave prison
Customer:

you mean 'I won't go to prison'?

Alex Watts : you are only likely to get legal aid if there was a risk of custody. There is not here so you probably won't get legal aid
Customer:

O.K thanks again!

Ash and other Law Specialists are ready to help you