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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I have just been to Court today as the Director of a limited

Customer Question

I have just been to Court today as the Director of a limited Company and was Fined £600 plus £650 costs for a speeding ticket that we never recieved .Barry
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
How can I help with this?
Customer: replied 5 years ago.

For it worth going to appeal

Expert:  Jo C. replied 5 years ago.
It depends really.

Were you fined for speeding or failing to provide details of the driver?
Customer: replied 5 years ago.

FORJOMO1972 Failing to provide details of driver,the company never recieved the original paperwork Barry

Expert:  Jo C. replied 5 years ago.
Did you enter a plea?
Customer: replied 5 years ago.

ForJomo1972 yes not Guilty,how could we give them the name of the driver without the speeding ticket,once we had the summons we replied to the cort the same day with the drivers information..Barry

Expert:  Jo C. replied 5 years ago.
It is certainly a defence to say that you did not receive the original nip.

You cannot respond to the nip naming the driver if you have not received it.

However, I'm afraid it is possible for the court to have found you incredible one that points and just simply disbelieved your evidence. You must have given evidence on oath and the court does have to find you reasonably credible upon the points of not receiving the nip. In fairness, they do usually send one nip and then a reminder. Clearly in this case you got the summons and so the address must have been correct.

You could appeal to the Crown Court and there will be a fresh hearing. Obviously you will have a similar problem at the Crown Court of convincing the courts that you are or may be telling the truth. In fairness, it will come down entirely to your credibility as the Crown cannot gainsay what you say on that point. All the Crown will be able to see is that the original nip was sent out 1st class post. It's not possible to say that it was received. Obviously the fact that 2 nips went missing is a difficulty but cannot be gainsaid by the Crown.

You might get a different decision at the Crown Court. It wouldn't be the 1st time that magistrates, in particular, had got it wrong. But obviously I cannot guarantee that a higher court will find you credible.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.