yes thats my question she was out of time so does she have a defence
and if so what is her position now ?
happy to leave feed back just not sure how
she was late replying by 7 days
she can prove it wasnt her speeding
surely thats worth an appeal Robert
Can you confirm Im on the right track with the process regarding an appeal
!)Attend the local County Court and lodge the appeal form ?
2) Include a statuatory declaration confirming the first 2 notices were not recieved pointing out all correspondance sent to wrong address?
Send Copy of County Court Appeal form to magistrates Court?
Send a copy of all documentation to DVLA ?
Keep Fingers Crossed!
2 ) the relevance of the statuatory declaration is to confirm that the Notice of inteded prosecution and reminder letter were not recieved ? She was 7 day late getting the reply to the procedural justice notice
The form below seems to be the one needed to fill in ?
APPEAL TO THE CROWN COURT FROM A MAGISTRATES’ COURT (Criminal Procedure Rules, rule 63.3) Case details Name of defendant: Address: If the defendant is in custody, give prison and prison number, if known. Email address: Phone: Mobile: Appeal from …………………………………. Magistrates’ Court Magistrates’ court case reference number: Appeal to the Crown Court at: This is an appeal to the Crown Court about: Give brief details of the magistrates’ court decision about which you are appealing, including the date of that decision (e.g. ‘my conviction for [offence] on [date]’, or ‘my sentence of [penalty] for [offence] on [date]’). I have asked the magistrates’ court to reconsider my case Yes No You may not need to appeal. Sometimes a magistrates’ court can change a decision which it has made, under section 142 of the Magistrates’ Courts Act 1980. Ask at the magistrates’ court office. I need an extension of time for this appeal Yes No See the time limits listed below. If your appeal is late, you must answer question 1, on the other side of this form. Only the Crown Court can extend the 21 day time limit for appeal. Use this form ONLY for an appeal to the Crown Court about conviction, sentence, etc. under Criminal Procedure Rules Part 63. There is a different form for applying or appealing to the Crown Court after a magistrates’ court has made a decision about bail, under Criminal Procedure Rule 19.8. 1. Complete the boxes above and give the details required in the boxes below. If you use an electronic version of this form, the boxes will expand1 . If you use a paper version and need more space, you may attach extra sheets. 2. Sign and date the completed form. 3. Send a copy of the completed form to: (a) the magistrates’ court, and (b) the other party to the case (e.g. the prosecutor, if you are the defendant). You must send this form so as to reach the recipients not more than 21 days after: the date you were sentenced or your sentence was deferred (whichever was earlier), if your appeal is against conviction or against a finding of guilt, the date you were sentenced, if your appeal is against sentence, or in any other case, the date of the order or failure to make an order about which you want to appeal. 1 Forms for use with the Rules are at: www.justice.gov.uk/courts/procedure-rules/criminal/formspage. 1 2 1) Extension of time (if you need one: see the notes on the front page). My appeal is late because: Explain why your appeal is late. Attach copies of any letters or other documents you want the court to see. 2) The issues in this case are: Summarise the matters of fact or law, or the reasons for sentence or other order, which are in dispute. 3) Appeal against conviction: case management in the Crown Court. Only answer these questions if you are appealing against conviction or a finding of guilt. How long did the trial last in the magistrates’ court ? Which of the prosecution witnesses in the magistrates’ court do you want to ask questions if they are witnesses again in the Crown Court ? Name them: How long do you expect the appeal to take in the Crown Court ? 4) Other applications. I am also applying for: pending my appeal, the suspension of my disqualification e.g. from driving. You can ONLY apply for the suspension of a disqualification imposed in this case. pending my appeal, bail. Give reasons for any application you are making: I want my application(s) considered by the magistrates’ court the Crown Court Each court can consider these applications. You can apply to both. Signed2 : …………………………………………… [defendant / defendant’s solicitor] Date: …………………………. 2 If you use an electronic version of this form, you may instead authenticate it electronically (e.g. by sending it from an email addres
1 What was the date of the incident?
3 march 2015 (she was not the driver)
2 When did she get the NIP?
She never recieved the NIP (The first site of it was when a copy of it was included in the SJPNotice. The copy NIP was dated 6 th march 2015)
The NIP and SJP were sent to wrong address ie my home not Hollys.
Thank you Robert