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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How far off is it from your name?

Customer: replied 1 year ago.
Jamie - my driving licence says James garlandThe court was the 28th July which has now passed
Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year ago.
What is the best thing to do now ?
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.

Can I clarify anything for you?

Jo

Customer: replied 1 year 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 1 year ago.
How do I find out if I have been convicted ?
Expert:  Jo C. replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
Is there anyway of finding out if I have been convicted with me not being there ? Check online ?
Expert:  Jo C. replied 1 year ago.

They don't put Magistrates results online.

But they will write to you.

You could phone the court on monday.

Customer: replied 1 year ago.
Would I be best to write to procurator fiscal explaining the mistake ?
Expert:  Jo C. replied 1 year 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 1 year ago.
should I just wait for letter? Would they put a warrant out for arrest for a speeding fine ?
Expert:  Jo C. replied 1 year 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 1 year ago.
Can I appeal fine or court judgement or with me not turning they would they of convicted me?
Expert:  Jo C. replied 1 year ago.

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

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