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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have missed a citation for court They have put the wrong

Resolved Question:

I have missed a citation for court
They have put the wrong name on citation
Anything with wrong name on my mail I don't
Open the mail
Its speeding offense they have put the wrong name on
Charge against me. The name on citation is different to my
Driving lincence and birth certificate
I have opened a letter today which had a
Wrong name on it and I have missed court date
What do I do now?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

How far off is it from your name?

Customer: replied 11 months ago.
Jamie - my driving licence says James garlandThe court was the 28th July which has now passed
Expert:  Jo C. replied 11 months ago.

Thanks.

That isn't an incorrect name. That is just a misspelling of your name.

I'm afraid that is not going to render the summons defective.

Expert:  Jo C. replied 11 months ago.

there is case law on what makes these things defective and it literally has to be such that you couldn't understand it was for you and this clearly was.

Expert:  Jo C. replied 11 months ago.

In terms of what to do, you have missed the hearing date. I would imagine that you have been convicted in absence which will have an impact upon costs.

Customer: replied 11 months ago.
What is the best thing to do now ?
Expert:  Jo C. replied 11 months ago.

Since you accept receiving the summons though there isn't really any ground to get this reopened although you could always apply. I suppose you could put it on the basis that you accept that you were wrong in law but made an honest mistake. The problem is that the Magistrates will probably think you deliberately tried to take advantage of a minor misspelling although the worst they can do is refuse your application.

Expert:  Jo C. replied 11 months ago.

Failing that, you don't really have too many other options but to make arrangements to pay the fine and submit your licence so that points can be added.

The DVLA will revoke if you do not.

Expert:  Jo C. replied 11 months ago.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Do I fill in the form they sent me and post back?I never signed for citation people staying in my flat must of signed for citation
Customer: replied 11 months ago.
How do I find out if I have been convicted ?
Expert:  Jo C. replied 11 months ago.

They will write to you with the outcome but you almost certainly would have been if this was in on the 28th.

Expert:  Jo C. replied 11 months ago.

It doesn't matter who signed for it. Actually they are normally sent out by first class post.

Customer: replied 11 months ago.
Is there anyway of finding out if I have been convicted with me not being there ? Check online ?
Expert:  Jo C. replied 11 months ago.

They don't put Magistrates results online.

But they will write to you.

You could phone the court on monday.

Customer: replied 11 months ago.
Would I be best to write to procurator fiscal explaining the mistake ?
Expert:  Jo C. replied 11 months ago.

If you are in Scotland then it won't be Magistrates but otherwise it would be right

No, not really. The PF would not have any control now.

Customer: replied 11 months ago.
should I just wait for letter? Would they put a warrant out for arrest for a speeding fine ?
Expert:  Jo C. replied 11 months ago.

Oh no. It will only come to that if you don't pay the fines and even would take forever and a day.

Just make arrangements to pay and it will be fine.

Customer: replied 11 months ago.
Can I appeal fine or court judgement or with me not turning they would they of convicted me?
Expert:  Jo C. replied 11 months ago.

You do have an automatic right of appeal but obviously there is no point in that unless you have a defence.

Jo C. and other Law Specialists are ready to help you