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Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 6782
Experience:  Solicitor
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In november last month i received by hand from a neighbour

Customer Question

in november last month i received by hand from a neighbour amletter they had openend by mistake that was addressed to me, it was a fine for not advising who a driver was, i had no idea what this was about, so i called the number of the fines /payment office and they advised it was relating to a speeding ticket and them not receiving any replies to their letters, but i have never received any letters apart from this one.
so i spoke to the police and the courts and eventually the e-mailed me copies, i requested a photo as there wasnt one online but no one could give me one.
i then went to court and did a stat declaration and it was put back to the the original offence and a court hearing, no one could show me a photo,
eventually i got 1 photo but it is so bad i cannot see the driver, they say there is a 3 second video clip but would not give or send it to me.
i have several issues with all of this.
1. i never received anything, which is a problem we have had for years, due to our address, there is a number 2, then 2a then 2b on my road, then 2 across the road, 2 around the corner approx 25 yds away. quite often i get other peoples post and now i just send it back to sender if i can because its easier.
2. to make matters worse i had 2 number plates stolen early this year, the second one was reported to the police in january.
3. the front of the car does not look like mine, there is a slight difference with the front grill.
but the main thing is not receiving the paperwork.
i am in court tomorrow and i am worried about gettting hit with the original speeding fine and 3 points and also the failure to give information as to the driver which had a fine of £800 plus 3 points.
can a duty solicitor help when i get to court any advice would be most welcome
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear you say in November last month.
Do you mean you were handed this in November 2015?

Customer: replied 1 year ago.
sorry jamie my mistake September
Customer: replied 1 year ago.
i had Stat Declaration hearing 3 weeks ago in Huddersfield and now i have to go to Bradford for a hearing.
Customer: replied 1 year ago.
it was september 2016,
Expert:  Jamie-Law replied 1 year ago.

Is the address on the Court paperwork correct?

Customer: replied 1 year ago.
the address is correct, but we have a history of not receiving post and receiving the wrong post, also the post code if entered into a sat nav comes up about 1 and a half miles away,
Customer: replied 1 year ago.
on the 1 photo they sent to me it says 35mph but on the paperwork it says 37mph
Expert:  Jamie-Law replied 1 year ago.

Will your neighbour attend Court with you?
Just to confirm the offence is failing to identify?

Customer: replied 1 year ago.
i am not sure which neighour it was, i would need to check
Expert:  Jamie-Law replied 1 year ago.

Sure. Just to be clear, its failure to identify the charge?

Customer: replied 1 year ago.
that was the charge before i made the stat declaration, it was then sent back to court for the original charge of speeding, i think it is the speeding that they now look at,
Expert:  Jamie-Law replied 1 year ago.

What were you convicted of originally?

Customer: replied 1 year ago.
apparently because i didnt respond to the speeding it then went to failure to identify driver, that was the offence i was convicted of in court in my absence, but i had absolutely no knowledge of this at all, if the last letter had not been opened by mistake hen i still wouldnt know because it would have been sent back.
Customer: replied 1 year ago.
does the photo speeding mph information have to be the same as the pcn ticket mph information, as they are different
Expert:  Jamie-Law replied 1 year ago.

Ok - well I would not worry. If it was failure to identify at Court then that is all you can face now.

It is that and not speeding.
This is why you need your neighbour to attend Court.

The neighbour can say you didnt get the form because he did.

If that is the case then you will be found not guilty.

Forget bout the speeding offence - that has gone.

You can only be re-tried for an offence which you have been convicted.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
my neighbours are quite elderly, and i am not sure they would want to, also i'm not sure which one it was, but i will ask,
would a letter from them do the job ?
Customer: replied 1 year ago.
is there a duty solicitor normally at court who could guide me ?
Expert:  Jamie-Law replied 1 year ago.

a Letter would help but live evidence is best. Yes a duty solicitor is always a court.

Does that clairfy?

Customer: replied 1 year ago.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!