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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice.
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how do you deny a conviction of driveing a car with no seat

Resolved Question:

how do you deny a conviction of driveing a car with no seat belt when you are in the passenger seat wearing a seat belt but pulling the seat belt away from your chest while talking, the police officer ask me to sign a document to say she was giveing me warning and that if i was stop again i would be charged then i get this fine through saying i have fined with driveing without seat belt.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

how can i appeal, why wasnt i given a charge slip which had on the conviction by the officer, I dont have any type of car license, If I was driveing I should have been done for driveing with no license, no insurance

Expert:  Jo C. replied 3 years ago.
Did you attend court and what happened?
Customer: replied 3 years ago.

didnot attend court becouse i wasnt given anything to say it was going to court, she the officer had me sign to say i was given a warning but gave me no paper work.

Expert:  Jo C. replied 3 years ago.
Do they have the right address for you?

When were you convicted?
Customer: replied 3 years ago.

yes, i live with my father who has the same name, i have no job cannot claim benifits and he gave me perrmision to use his card to do this

Expert:  Jo C. replied 3 years ago.
When were you convicted?
Customer: replied 3 years ago.

on 27 jan 2013 by norwich magistrates, i thought it was a prank becouse it said driver of motor vehicle and i live in essex and the so called offence took place in essex and now i have got a letter of enforcement from marston for £165

Expert:  Jo C. replied 3 years ago.
That is bad news.

When did you first find out about this?

What did you think had happened to the matter? Did you chase it up with the officer or the police?
Customer: replied 3 years ago.

how could i chase it up with the her/ officer when i was not given any details of her or if it was going to court

Expert:  Jo C. replied 3 years ago.
No, but you knew she was an officer and the Constabulary?

The Court will want to know what enquiries you made about this.
Customer: replied 3 years ago.

becouse at first i thought it was a prank becouse it said i was driveing and it came though Norwich courts, I have never had dealings with the Traffic police before and my dad has not been pulled up for anything in the last 20 odd years

Expert:  Jo C. replied 3 years ago.
Ok.

You are out of time to appeal to the Crown Court. You had twenty one days from the date of sentence to do that. They will allow some leeway sometimes but you are over a year out of time and realistically they are not going to accept that.

You can always return to the convicting court and ask them to reopen the matter on the basis that you didn't get the summons. The Court will want an account for the delay though. Generally speaking courts hate delay.

You should be aware though that if you re open this matter then it could be set down for trial and then costs could rack up against you.

If this is still only £165 then that would tend to suggest it was resolved quite cheaply by the courts. If you contest this to trial and lose it will be substantially higher.

You need to move on this urgently though or Marstons will begin to enforce against you and the costs will include their fees which will rack up hugely.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

so my father will have to pay this fine for me and have no spare money for weeks becouse some so called police officer decide she would have a bit of fun at my expense. I am afraid if police can do that then I have no respect for them at all

Expert:  Jo C. replied 3 years ago.

You can always return to the convicting court and ask them to reopen the matter on the basis that you didn't get the summons.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70012
Experience: Over 5 years in practice.
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