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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was caught speeding about a year ago, in a company vehicle.

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I was caught speeding about a year ago, in a company vehicle. At the time, I had not long moved to a new address. And my licence on record at work was still in a previous address. There for the documentation was sent to a previous address. after some months had passed, I spoke to my manager, and told him I had never received anything from the police. He informed me of the address he had on record. On realising what had happened. I contacted the police, And was informed that I needed to speak to the ticketing department. The ticketing department advised me that the case was going to court, for failing to provide information. I was then told to contact the court and enlighten them to the situation. I first contacted Sunderland court, who said they did not have me on record. and due to where the incident took place, I was to try Durham court. Durham court also had no information of my case. and advised to try Gateshead. After speaking to all three courts, and none of them knowing anything about the case. I again contacted the ticketing department who give me a case ref number and transferred me back to court. The court who now had my information, said had a date for the 30/03/16. but told me to phone the chief prosecutor and explain what had happened, and that it would be more likely that the case wouldn't go ahead. The contact number given to me for the chief prosecutor directed me straight to an answer phone. a female recorded message saying nobody was available and to leave details and I would be contacted as soon as possible. I left my full name, phone number, and ref number. After a few days had passed with no response, I again phoned and left another message as no one was available. This went on for a couple of weeks. of which I left 4 messages, and have still to date, not received a response. I was not aware if I was to attend the court date. or which court it was held, or at what time as I had not received any documentation. After the date had passed. I spoke to my sisters partner, who is a police officer. and asked if there was any way of finding out what I should do. He informed me that the hearing had went ahead without me, and that I have received 6 penalty points , and a substantial fine, and that it was advisable to seek legal advice.
I phoned a local solicitor and explained the situation. he said he would look into the case and see if I would get legal aid. He got back to me a few days later and advised that he could not help me, and that I was to phone the court and get the case re-listed. and to submit a statutory declaration. Today I have again phoned all three courts. to find none of them have any information regarding my case. After some time explaining again what had happened. they suddenly found me on the system, and advised that due to me knowing of the court date. that I cant submit a statutory declaration. and that if I re open the case, and am found in any way guilty. I could face up to 2 years imprisonment. All of this has come due to a speeding fine for 34MPH in a 30MPH zone. Had I received the paperwork, I could have sat a Speed awareness course, as I have never been on one before. Could you please advise me on what my options are moving forward.
Thanks *****
Shaun ***********
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Have you had any Court paperwork from anyone please?Alex
Customer: replied 1 year ago.
The only paperwork I have, was sent on the 05/04/16, was from the DVLA. It is notification from the court, to the DVLA of my conviction.
Expert:  Ash replied 1 year ago.
Does the notification have Court details or a Court number?
Customer: replied 1 year ago.
I've attached it.
Expert:  Ash replied 1 year ago.
Thanks. it looks like it was at S.E. Northumberland Magistrates Court. They can be contacted on: 01670 531100They also have the Court hearing date as 30/3/16Therefore you need to make an application for a statutory declaration at THAT Court.The alternative is that you send your licence in to the DVLA for endorsement and it will have a Court number. From that Court number you will know the Court.But it should be the same as the one above.You can ONLY now apply to set aside using a stat dec. Forget the speeding, that has goneCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I have been informed that due to me knowing about the court date. I'm not longer eligible to submit a statutory declaration
Expert:  Ash replied 1 year ago.
Why didnt you attend Court or seek an adjournment?
Customer: replied 1 year ago.
As stated in first email. I wasn't informed which court or what time. And was told if I spoke to chief prosecutor that the case would be unlikely to go ahead. I contacted and left 4 messages on the answer phone. But did not get a response. I was also unaware if I was supposed to attend. Or if it was to go ahead without me.
Expert:  Ash replied 1 year ago.
Ok -so you can still apply for a stat dec, because you didnt know WHERE it was taking place and you had made reasonable enquriesSo you can still do it.Does that clarify?Alex
Customer: replied 1 year ago.
Will I still get 6 points and fine?
Expert:  Ash replied 1 year ago.
No, it will may be reissued. You may be able to plead not guilty if you can show you didnt get itDoes that help?Alex
Customer: replied 1 year ago.
Yes. Thanks for your timeKind regardsShaun
Expert:  Ash replied 1 year ago.
Happy to help Shaun. If I could ask you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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