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John
John, Solicitor
Category: Law
Satisfied Customers: 1691
Experience:  10 years legal experience
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I need some advice please, leicester, I have been given 6

Customer Question

Hi i need some advice please
JA: Where are you? It matters because laws vary by location.
Customer: leicester
JA: What steps have you taken so far?
Customer: I have been given 6 points and a fine but wasnt contacted. I pleaseded guilty initially and no contact further
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not yet
Submitted: 15 days ago.
Category: Law
Expert:  John replied 15 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 15 days ago.

Thanks for your message, I appreciate it is important to you. How can I help you today?

Customer: replied 15 days ago.
Hi John are you a real solicitor before we begin?
Customer: replied 15 days ago.
hello?
Expert:  John replied 15 days ago.

Yes, I am. How can I assist you today?

Customer: replied 15 days ago.
I have been given a £244 fine and endorsed with 6 points following a speeding offence. I pleaded guilty to it and returned the form. Since then I have not been contacted one bit and now they have given me an email with the fine and points
Customer: replied 15 days ago.
nothing was made clear to me nor was I contacted about a court hearing which I certainly didnt intend to have
Customer: replied 15 days ago.
they said I was absent in the court hearing but I was never informed .
Customer: replied 15 days ago.
I have called them and they have said, I will need to write an email to the courts at***@******.***
Customer: replied 15 days ago.
it hs caused me a lot of distress and mental health problems
Expert:  John replied 15 days ago.

Thank you for explaining, I am sorry to hear about this. Can you advise what your question is in relation to this i.e. what specifically would you like to know?

Customer: replied 15 days ago.
I would like to know what to put in an email to contest this
because it's unfair what they have done as they havent carried out correct proceadure
Customer: replied 15 days ago.
i,e, what sections, acts and laws can I put in the email
Expert:  John replied 15 days ago.

Ok I see. When was the speeding offence? Have you changed address recently at all? or had any issues with your mail?

Customer: replied 15 days ago.
no issues with mail. same address
speeding offence from July
Expert:  John replied 15 days ago.

Thank you. Do you know what speeding offence you were charged with? Or if it was in residential area or motorway?

Customer: replied 15 days ago.
i do not know. SP50 i think
Customer: replied 15 days ago.
it was 40 and i was doing 50
Expert:  John replied 15 days ago.

Ok thank you. Lastly, when you returned the form to them pleading guilty, did you send it by recorded delivery or have proof it was sent?

Customer: replied 15 days ago.
no proof of it being sent.
Expert:  John replied 15 days ago.

Thank you. Please give me a moment

Customer: replied 15 days ago.
thank you
Expert:  John replied 15 days ago.

The offence you have been charged with is a Band A offence which covers low level speeding and normally results in three points and a fine of up to 50% of your weekly income. You have been charged more, for non-attendance at court where it is your case that you never received notification to attend court. It is likely if you did, then you would most likely have attended and therefore the penalty would have been lesser. There are no laws, acts or sections to quote here, because it is simply a speeding offence under the Road Traffic Act for which you confirm you are guilty of but your dispute will centre on the amount of points and fine that has been awarded against you.

It is unusual not to have received the court date and this could be down to an administrative error which of course is no fault of your own. The police normally have 6 month in which to send the summons. If you did not receive a summons, you can make a statutory declaration. This is a written statement that meets the requirements of the Statutory Declarations Act 1835 and explains that you did not receive a summons. You will need to contact the court to arrange to make the statement. To make the declaration legal, you must read it out at a court in front of a Justice of the Peace; you both then sign the document. You must make the declaration within 21 days of the point at which you became aware that a summons was issued and you didn't receive it.

When you make a statutory declaration, the court will set aside ("void") the relevant proceedings. This then restarts the process so another hearing can take place which you can attend.

I would suggest when you write to the court, you let them know that the summons was not received, advise what your position is i.e. you admit fault but not the amount of the fine or the points and that you wish to make a statutory declaration.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help

Customer: replied 15 days ago.
shall I email them instead of writing to them?
Expert:  John replied 15 days ago.

Yes, you may email them. Does this help clarify?

Customer: replied 15 days ago.
thank you
Customer: replied 15 days ago.
i believe i was given summons but that confused me
Expert:  John replied 15 days ago.

I am glad I was able to help. Have a great day.