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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Ms90 6 points

Customer Question

Ms90 6 points
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Initial offence was speeding
Company vechile not in my name
First letter I recieved was court summons
Got 6 points for ms90
Told court I didn't receive anything
Expert:  Jo C. replied 1 year ago.
We're you convicted after trial?
Customer: replied 1 year ago.
Yes I pleaded not guilty recieved 6 points and a fine
Expert:  Jo C. replied 1 year ago.
Why did they convict you?
Magistrates have to give reasons?
I suppose they said they didn't believe you hadn't received it?
Customer: replied 1 year ago.
They said its unlikely if there are no problems with the mail
Expert:  Jo C. replied 1 year ago.
HAVE THERE BEEN OTHER PROBLEMS?
SORRY ABOUT THE CAPS LOCK. I CAN'T TURN IT OFF AT THE MOMENT.
Customer: replied 1 year ago.
Such as?
Expert:  Jo C. replied 1 year ago.
With the post?
Customer: replied 1 year ago.
I said no not that I was aware of, but how would I know
Expert:  Jo C. replied 1 year ago.
Usually when you have ordered something and it hasn't arrived?
Customer: replied 1 year ago.
I mentioned sometimes the guy in the other rd sometimes gets mail but he usually drops it off,
They just dismissed it
Expert:  Jo C. replied 1 year ago.
Yes, Magistrates do often do that. It is ultimately something they are free to do I'm afraid.
This comes down to the fact that they just plain didn't accept your version of events I'm afraid. They are allowed to do that although it is annoying. It is no more complicated than that. If you didn't receive the S172 request then you cannot respond. They just didn't accept that you haven't.
You can always appeal within 28 days of sentence to the Crown Court. You have an automatic right. You will have to convince the Crown Court that you didn't receive the NIP though. If you do lose then you face an increased c osts order although the points will still be the same.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Is appeal likely to be listened to, if I just say the same thing?
What cost are involved to appeal?
I never mentioned I wasn't registered keeper in court , would this help
Expert:  Jo C. replied 1 year ago.
It goes to the Crown Court and is heard by a Judge and two Magistrates.
There is a risk that they could disbelieve you though.
If you lose at appeal the costs would probably be around £200-£300. It is a paper exercise so not costly.
Whether you were the registered keeper or not is a non issue if a S172 request was sent to you.
Customer: replied 1 year ago.
Can I represent myself or would a solicitor be looked upon better in court
Expert:  Jo C. replied 1 year ago.
No, you can self represent.
It is generally better to have representation but you won't get legal aid so would have to pay privately so it is a balancing exercise.
Customer: replied 1 year ago.
I genuinely never recieved any letter but the court summons, and feel its unfair .
What would you advise?
Expert:  Jo C. replied 1 year ago.
I would appeal it personally but then I wouldn't mind the risk of having to pay costs again.
If you cannot risk further costs then that is something to consider.
Magistrates do make the wrong decision fairly regularly so you might get it overturned.

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