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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81062
Experience:  Over 5 years in practice
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Can I appeal a mooring offence? Uk. Lincoln, I have just got

Customer Question

Can I appeal a mooring offence?
JA: Where are you? It matters because laws vary by location.
Customer: Uk. Lincoln
JA: What steps have you taken so far?
Customer: I have just got a letter in the mail
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The offence is fail to give information relating to the identification of driver
Submitted: 10 days ago.
Category: Law
Expert:  Jo C. replied 10 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 10 days ago.
Driving offence- The offence is fail to give information relating to the identification of driver
Expert:  Jo C. replied 10 days ago.

When were yo uconvicted ?

Customer: replied 10 days ago.
10th november 2021
Expert:  Jo C. replied 10 days ago.

And which court?

Customer: replied 10 days ago.
6 points and £660 fine and £66 victim surcharge and £90 costs
Expert:  Jo C. replied 10 days ago.

Thank you.

Which court?

Customer: replied 10 days ago.
Total 816. I have rung rhw court and the original offence was driving at 35mph. Lincoln court
Customer: replied 10 days ago.
Magistrtes
Expert:  Jo C. replied 10 days ago.

Ok, and whats your defence?

Customer: replied 10 days ago.
I can identify the driver.. I must have lost the letter...
Customer: replied 10 days ago.
I dont remember recieving it
Expert:  Jo C. replied 10 days ago.

But did you respond to the NIP identifying the driver within 28 days?

Customer: replied 10 days ago.
No
Expert:  Jo C. replied 10 days ago.

sorry then what is your defence?

Or are you asking if you have one?

Customer: replied 10 days ago.
Offence was 7th febuary. 2021. Time limit was the 15th march 2021 order made 10th novemeber 2021.
Customer: replied 10 days ago.
Do I have one? Or can I just pay the original fine?
Expert:  Jo C. replied 10 days ago.

Thank you.

I am sorry but I cannot giveyou good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

You do have a right of appeal to the crowncourt within 21 days of sentence but you don’t have a defence so there is nopoint.

Come what may, you got the NIP and you didn’t identifythe driver. If so, there is no defence.

As to time limits, the time runs from the 28days after the NIP ( the date of offence). So they are in time.

Im really sorry but that is the position.

I am sorry but I have to tellyou the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer to everylegal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a countycourt judge in a civil case or from the magistrate in a criminal case heard inthe magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo