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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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I HAVE BEEN CHARGED WITH SPEEDING AT 96 MILES ON MOTORWAY AND

Customer Question

I HAVE BEEN CHARGED WITH SPEEDING AT 96 MILES ON MOTORWAY AND ASKED TO ATTEND COURT WITH OTHER PREVOIUS CHARGES BEING TAKEN INTO ACCOUNT. A WRONG CONVICTION WAS ATTACHED WHICH RELATED TO KERBCRAWLING OFFENCE FOR A DIFFERENT PERSON. I HAVE RECEIVED LEGAL ADVISE BUT I AM DISAPPOINTED WITH THE RESULT DUE TO THE DAMAGE DONE TO MYSELF AND FAMILY DUE TO INCOMPETENCE.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Hi.

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.

need to know if i can put in a claim againsy justice system for showing a offence that i had not commited and a error has been made with the name quoted on the previos conviction. My name isXXXXX and the offender was ia Ronald George with the offence taking place in Midlands in 1998.

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

I have to be honest with you. I wish I could say something else.

However, the practical reality is that no claim arises from this. They have got your antecedence mixed up with somebody else. It happens all the time. The mistake was realised so no harm ensued. For that reason there is no claim.

I suppose you could argue that they created a risk but there is no claim for creating a risk. There is only a claim if loss ensues and none did because the error was discovered.

It was always going to be discovered because the other person has a different name to yours unless, of course, it was a name appearing on your alias names list.

You can make a complaint about this although it would be irresponsible of me to tell you this will be anything other than a waste of stamp. If you are lucky you might get an apology. PLOs print off incorrect antecedence all the time. Its to be hoped that courts and prosecutors read it.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.