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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71043
Experience:  Over 5 years in practice
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I have a magistrates court case in January concerning an appeal

Customer Question

I have a magistrates court case in January concerning an appeal against a fixed penalty notice which I can show was issued incorrectly. Can I present or discuss my evidence with the CPS before the date of the hearing.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Can you give me a bit more information on this please?
Customer: replied 4 years ago.

A fixed penalty notice was issued claiming that I was driving a minibus in breach of my licence. My licence had Class D1 (101) which means that I can drive a minibus but not for hir and reward. The officer took the view that because the security company I was working for wad paying me a wage I was being rewarded even though the company had hired and paid for the vehicle and it was to be used to either pick up equipment or be used as a works bus where staff were not being asked to pay but being transported at the cost of the company.

Expert:  Jo C. replied 4 years ago.

You can make written representations to them. They say they read them and sometimes they do but I have to say that sending letters to CPS seems to be like sending them into a black hole.

The important thing is that you've done it though.

You can also attend on the morning of court and make verbal representations to the Prosecutor which, in my opinion, is the time when most negotiation is completed. They have to listen then. They cannot take the view that they will review it later.

Can I clarify anything for you?

Customer: replied 4 years ago.

That is fantastic. Many thanks

Expert:  Jo C. replied 4 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.