Ask a Law Question, Get an Answer ASAP!
my name is ***** ***** I will help you with this.
What was the date of offence and date of original Notice of Intended Prosecution?
offence 18/7/14 and date of notice was 28/7/14
Ok. Was that sent to the address which the DVLA had?
Do you ever get problems with the post there? I
not really but how would I know if therewere porblems, and to have missed 2 letters is strange
Did they say a reminder was also sent? Did you get the summons?
I assume so
I think we porbably need help on the wording mitigating circumstances
And yes I received the summaons last week
and they sent a copy of the reminder- I had only just bought the car a few weeks before and I wonder if there was no delay in getting my address from DVLA and the police have "manufactured" the first letter - not sure that should be my mitigiating circumstance though!! Would not go down well
the new letter that I did get has my address as 31 Artillery Mews,***** REading, rg30 2jn but the original copy has no mention of*****in it. ( And I do not believe we are no 5 either) so it means they changed the address fro mthe first to the second letter -
Well you can plead not guilty and allege fraud, but that wont go down well.
You can argue that you did not get the notice(s) but the burden is on you to show that.
The ticket office will attend and say they sent them
could we not say we didn't get the first as it ididn't say 5 on it - only*****- they obvio to check if we ever got the first letterusly went checking into our address
You have to convince the Court that this is not true
You can say that and the prosecution would have to show you did get it.
But it wont be easy .
If you lose then not only would you get points but also prosecution costs of over £300 trial
But you can argue you did not get it
sorry - bad englsih - they obviously went to check if we ever got the first letter and changed the address
Ok. then you may have some grounds you didnt get one
Yes I think we will try that, and my good character? and no other fines before?
Well that doesn't really have much of an impact although the Court can take that into account.
Can I clarify anything else ?
no - bad news really - I find it frustrating the law does not require a registered letter first
before a prosecution notice
It would not be cost effective.
Letters are deemed served 2 working days after posting first class. They are Court rules
can I clarify anything else ?