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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I never received in the post the two traffic offences in Leicester

Resolved Question:

I never received in the post the two traffic offences in Leicester ( where I was living) and the first letter asking me to disclose the driver - this offence was doing 37 in a 30 mile zone on 18/7/14. I was not living at the house where they were sent and where the car was registered in REading, and only changed my address with insurers in Nov 14. However my mother insists she did not get the fines and I beleive her. She is a professional lettered career lady and we are on extremely good terms. Now I have been summonsed and want to plead not guilty to the non dicsloure offence and guilt of the traffic fine and get a driver training course. I want to plead not guilty on the grounds of my good character - I have a first class accounting degree from de Montford and acurrently doing my ACA articles. Also can we ask of sending the orginal fines?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

What was the date of offence and date of original Notice of Intended Prosecution?

Customer:

offence 18/7/14 and date of notice was 28/7/14

Alex Watts :

Ok. Was that sent to the address which the DVLA had?

Customer:

yes

Alex Watts :

Do you ever get problems with the post there? I

Customer:

not really but how would I know if therewere porblems, and to have missed 2 letters is strange

Alex Watts :

Did they say a reminder was also sent? Did you get the summons?

Alex Watts :

I assume so

Customer:

I think we porbably need help on the wording mitigating circumstances

Customer:

And yes I received the summaons last week

Customer:

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

Customer:

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 -

Alex Watts :

Well you can plead not guilty and allege fraud, but that wont go down well.

Alex Watts :

You can argue that you did not get the notice(s) but the burden is on you to show that.

Alex Watts :

The ticket office will attend and say they sent them

Customer:

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

Alex Watts :

You have to convince the Court that this is not true

Alex Watts :

You can say that and the prosecution would have to show you did get it.

Alex Watts :

But it wont be easy .

Alex Watts :

If you lose then not only would you get points but also prosecution costs of over £300 trial

Alex Watts :

But you can argue you did not get it

Customer:

sorry - bad englsih - they obviously went to check if we ever got the first letter and changed the address

Alex Watts :

Ok. then you may have some grounds you didnt get one

Customer:

Yes I think we will try that, and my good character? and no other fines before?

Alex Watts :

Well that doesn't really have much of an impact although the Court can take that into account.

Alex Watts :

Can I clarify anything else ?

Customer:

no - bad news really - I find it frustrating the law does not require a registered letter first

Customer:

before a prosecution notice

Alex Watts :

It would not be cost effective.

Alex Watts :

Letters are deemed served 2 working days after posting first class. They are Court rules

Customer:

ppk thanks

Customer:

ok

Alex Watts :

can I clarify anything else ?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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