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james bruce
james bruce, Solicitor-Advocate
Category: Traffic Law
Satisfied Customers: 4814
Experience:  Owner at James Bruce Solicitors
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I received a speeding offence and failed to meet the

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Hi I received a speeding offence and failed to meet the deadline to submit my documents because i was out of the country. The package of documents on unintended prosecution was also misplaced and only reached me now that it has passed the deadline. How should I proceed with this case.
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: London
JA: Do you need to appear in court?
Customer: I have received a note that I have one charge (fail to give informatoin relating to identification of the driver when required)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am a foreigner and this is the first time i receive such as offence. I am very nervous

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

When was the documents sent to you, when did you receive them, when were you out of the country and how were they misplaced?

Customer: replied 15 days ago.
thank you so much. I am really nervous on what to do. I only received these documents now that the deadline has passed. Because of the pandemic and lockdown restrictions, i have not seen thse documents until now.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.
if you can answer the question I sent you I can then advise you.

I understand you have only seen these now, why have you not seen them before, where you away?

Customer: replied 15 days ago.
Hi but I already paid for the phone call. I don't mind typing here.
Customer: replied 15 days ago.
will I still be charged when this call is not made.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.:

an other expert might pick up the call.

I can answer you here.

james bruce and other Traffic Law Specialists are ready to help you
Customer: replied 15 days ago.
This is the notice. Seek your kind advice

Yes I understand that, but you will need to actually answer the question I ask you so that I can advise correctly.

When was the original documents sent to you, when did you receive them, when were you out of the country and how were they misplaced?

Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer.

As you have failed to reply in the required time as your are legally meant to do, then you are guilty of this offence.

However, if you have never received any previous paperwork, then you should answer this document as not guilty a d explain that you have received nothing before.

You need to ask to be allowed to make a “statutory declaration to the court”

The court will then arrange a date at court for you to make that statutory declaration and then this offence should be removed.

I hope  this helps.

Customer: replied 14 days ago.
Hi I need a follow-up advice on this case please

Please go ahead

Customer: replied 14 days ago.
Hi James thanks for your kind advice. I contacted City of London Police today about my charges (1) Fail to give information relating to the identification of the driver / rider of a vehicle when require.- The Notice of Intended Prosecurtion stated that the original notice was issued on 23/11/2020, to the Royal Thai Embassy, where I worked. But during that time all staff was working from home with limited access to receive posts and packages. I was out of the UK during December-January and we were working from home until end of April. So no I didn't receive the first notice.- I received the paper form City of London police, dated 06/05/2021 that I have this charges of failure to provide information. But somehow this package was misplaced and received on 7th June, which has passed the deadline to make a plea.I called the City of London Police today and found that the court already made a decision to fine me 815 GBP and deduct 6 points on my driving license. A court decision document is on its way.I was advise from the call services that I could make a statutoary declaration that I didn't receive this document. But I have two questions:- If I would like to close this case quickly, should I just accept 815 GBP fine and point deduction. Would there be any legal repurcussion?- If I proceed with Statutory Declaration - in my case should I plead guilty or not guilty under these circumstances. I don't quite understand my rights in this case. Thank you very much.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.
As the matte4vhas already been dealt with by the court, there is nothing else the police can do at this time.

Ypu will need to wait to receive the document from the court with the fine. Then once you have received that, you can then contact the court issuing the fine and explain what has happened. They will then arrange a time and date to go to court to make the statutory declaration. Once that is done, the conviction will be cancelled and the original offence can be reopened.

Customer: replied 14 days ago.
I already contacted the court today and they already started the statutory declaration process for me. But I was wonderfing what kind of evidence do I have to provide for this original offence to be reopened and clear. Do I have to appear in court or just virtual hearing?
Thank you James.

Normally it will be an in court hearing to make the statutory declaration. That declaration is your evidence.

Customer: replied 14 days ago.
Hi James. But this case what's the difference between me pleading guilty or not guilty in the statutory declaration. I am not sure that me not aware of the document/proceeding is considered as guilty or not guilty.

You do not plead anything in a statutory declaration. You are declaring that you never received the paperwork at the right time.

Then the case can be reopened as new. Then once the new papers are served, you can enter a plea etc.

Customer: replied 13 days ago.
thank you very much that's very helpful James

Your welcome