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: 69529
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: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

How far off is it from your name?

Customer: replied 5 months ago.
Jamie - my driving licence says James garlandThe court was the 28th July which has now passed
Expert:  Jo C. replied 5 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 5 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 5 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 5 months ago.
What is the best thing to do now ?
Expert:  Jo C. replied 5 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 5 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 5 months ago.

Can I clarify anything for you?

Jo

Customer: replied 5 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 5 months ago.
How do I find out if I have been convicted ?
Expert:  Jo C. replied 5 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 5 months ago.

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

Customer: replied 5 months ago.
Is there anyway of finding out if I have been convicted with me not being there ? Check online ?
Expert:  Jo C. replied 5 months ago.

They don't put Magistrates results online.

But they will write to you.

You could phone the court on monday.

Customer: replied 5 months ago.
Would I be best to write to procurator fiscal explaining the mistake ?
Expert:  Jo C. replied 5 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 5 months ago.
should I just wait for letter? Would they put a warrant out for arrest for a speeding fine ?
Expert:  Jo C. replied 5 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 5 months ago.
Can I appeal fine or court judgement or with me not turning they would they of convicted me?
Expert:  Jo C. replied 5 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., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice