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Sammy c

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About Sammy c

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  1. For us it was part of life Im glad I got the advice off here, we could of gone in arguing the point but the magistrate was as clear as they could be with the shaking of hes head as if to say nothing when he asked wife if anything she wanted to say and then imposed the smallest amount he could, just £20 more than a fixed penalty would of done We watched others argue the very same point in the same court, all of the cases were adjourned for trial and you could see by the judge they were irritated so can only assume day of trial the same irritated judges will sit through and hear the same thing It could be argued the amount of people all saying they did not recieve the letters could show a case that the system isnt working as it should be but the duty solicitor did say not much judges can do in these cases as 2 letters sent by Royal mail are accepted as proof of service Credit to the young lady prosecutor sitting with each of us before court hearing the same thing over and over to be fair, some saw it as her trying to smooth things before court which she did do but for us at least we had our say in the right place rather than upsetting a judge lol
  2. Final Update to close the thread We attended court today To be fair we met the prosecutors assistant before court and the prosecutor did make a statement in court that this was an administrative error and shouldnt have gone to court but there was nothing they could do once summons was issued The prosecutor asked the fine be treated as close to a fixed penalty as possible and the Judge seemed to go along with this including shaking hes head as he asked wife if she wanted to say anything She was fined £100 with £20 victim surcharge and 3 penalty points, no court costs or prosecution costs were added The court was full of people in our position all standing like us moaning ironicly A friendly legal aid soloicitor did say to some if you fight the fact you was not served papers and loose expect 9 points and costs exceeding £800 and its very unlikely the court will accept that the notices were not served as this is a legal point that has now been accepted Thanks everyone who helped we are relieved
  3. I agrea best to go with the prosecutors offer, my wife is physicly ill at thought at going to court a trial would kill her lol Just annoying thats all, its accepted by coursts 2 letters assumes service of notice and there is no middle ground, to take risk of arguing the point as tempting as it may sound seems kind of dumb after all these magistrates sit day in and day out rubber stamping things To the prosecutors credit she did listen to my rantings of how unfair things were but there is nothing she can do and did say she would speak to us before the court and mention we had been trying to assist the ticket office before court to try and prevent heavy costs but this is down to magistrates and i apreciate that The Goldne question though is this Ring any solicitors advertising in defending motoring offences and they all say 2 things This is a matter that is easily sorted and should result in complete withdrawal of the charges and then they say fees will be fixed lowest quote was £900 So there realy is now one law for the rich as they say if its as easy to sort out as solicitors claim why are the Magistrates not alerting people into possible defence to a system that seems sort of broken
  4. The court date is this friday, we are to attend the court whatever we decide At present she is charged with 2 seperate offences, speeding and failing to supply the name of the driver If she accepts a guilty plea for speeding the failure to notify them of the driver will be dropped The prosecutor makes it sound like they are doing us a big favour but what they dont see is from driving aparantly 46 in a 40 with a clean licence instead of a speed awareness course now through no fault of ours will carry a court fine court costs prosecution costs and a victim surcharge It just seems bullying, charge you with offences then horse trade down to cover up there incompetence The prosecution are adamant in a court of law they do not have to prove they served papers, its for us to prove we did not recieve them How can we prove we didnt recieve the notification?
  5. Update Wife had a phone call today from prosecutors office who read the file and confused They have stated under unit policy it has to go to court but they will drop the charge of not informing them of the driver as I had stated in my defence statement wife accepts its her car and probably was driving leaving us just the speeding fine to answer to I complained that she should of been entitled to pay the speeding fine and attend a speed awareness course with no points but because of the ticket office failure to notify my wife now has to pay prosecution fees and court costs and im told and this is the kick in pants a victim surcharge fee ANy advice on wether to take this option or carry on and ask for a trial date?
  6. They sent us copies of the intention to prosecute when they served us our court summons amazingly the witness statement that relates to notice served is unsigned by them though My argument is we need to try and make the court not award us court costs and victim surcharge for something that was not the wifes fault and a failure for the ticket office to comply with regulations The lady in prosecutions did mention today a arguement in court could be expensive for us, it seems like the court time is rubber stamping the prosecutors requests and any arguement from our side needs to be argued by someone familiar with the law We was told the real reason they prosecute is the ticket office must notify you within 14 days of a speeding offence and this has not been done so if they review the case there is no case they can follow
  7. Update the court is friday 11th in norwich magistrates court At wifes request I rung the ticket office again to see why the letter we wrote had gone un answered The lady checked files and accepted we had informed them we had not recieved the intended notice of prosecution or the request to inform them of the driver After reading her paperwork she did say that the case was wiered as we had responded to them we accept the car in the picture was wifes and did not contest the speeding offence But the strict rules of the ticket office state when a court hearing is made then it is always followed through She stated if we admit the speeding they would drop the other charge but also accepted we would be liable for court costs and the option of a speed awareness course is not available I feel now if wife has to go court and has to suffer the court costs then we should get our monies worth The ticket office failed why should wife have to pay court fees when we have repeatedly tried to sort matter out
  8. Thanks Caro others please feel free to comment but this is exactly what we needed, it might seem easy for you guys but the letter we wrote (or tried to) was 3 A4 pages and didnt actualy say anything lol
  9. Cara again I thank you were not in court until friday so happy (and extremely grateful and humbled) by anything you could put together before then
  10. I have nothing now that I sent to the court I dint think of keeping copies The paperwork with the summons was asking for banking details etc and wether i was to plead guilty or not guilty In responce i wrote on the court form that today was the first we had heard of the offence and I had rung the ticket office to sort things out and was advised by ticket office to write to them stating this was the first we had heard so issuing a court date etc was a mix up and as far as I was concerned the matter would be dealt with by the ticket office In hindsight it turns my tummy when i think a judge may of read that and thought cheeky sod but the ticket office when i rung them seemed at the time understanding and didnt seem to think there would be a problem I later found out from the solicitors once a court date is set there is little a ticket office can do There seems a procedural error the ticket office is meant to write to owners and pass the ticket to the police if they have no luck in tracing the owner, in my wifes case it seems its gone straight to court for a 46 in a 40 and shes lost the chance of a guilty plee and a speed awareness course 6mph over the limit could inflict a fine up to £1000 and 9 points for first offence crazy eh
  11. In theroy the driver of the car could of been other people the offence was 17 December 2014 so no one can be sure to be honest I use the car so do the kids But our arguement is not over the speeding offence as I said its the wifes first ticket so she could of paid for the speed awareness course but because any notification failed to reach us we have to go to court now to take the hit both for speeding and failing to identify the driver There are significant extra costs including court and it isnt our fault no service was made Realy we need a nice worded letter or something we can read out in court to ensure ther judge knows the correct procedure in this case has not been followed
  12. Thankyou for the responce Bankfodder And there was I thinking I was a man of the world been around etc reduce to a jibbering wreck and clearly as green as a cabbage. I thought or assumed UK justice wasnt like this, the situation is blatant theres a clerical error Were happy to accept the speeding ticket even though we cant remember a year ago as my wife should be eligible for a speed awareness course as this is her first time yet were looking at 9 points and a huge fine Could anyone suggest a template that would get our point across this situation is not our fault and the extra costs involved are not our fault maybe Often we can say lots of words that mean nothing when a few well chosen ones might sound to us dumb people nothing but strike a cord into the educated
  13. Thanks Cargo from the free initial advice I have received both solicitors seem to think once we alert the court that a notice of prosecution letter was not recieved it should be ok and the original offer should be reinserted Then after saying this they also mentioned both of them that Magistrates courts are busy and time aware, often a magistrate is led by the clerk whos job it is to see cases do not over run and legal representation should be used to protect us Obviously solicitors wouldnt want us to do it ourselves Both solicitors offered a fixed fee and to be fair a court apearance a lot of letter writing do wack the costs up as we all know Just we have one chance to speak to the judge and say what is important to say if not a huge fine cripples us, should we get a judge who believes that 2 letters sent to our home is in law acceptable as proof of delivery we are dead in water The ticket office assures us as long as 2 letters have been sent that satisfys the court yet both solicitors claim this is wrong proof of delivery is recorded mail Its my fault I shouldnt of accpeted what the ticket person said to me on the phone, just i thought these guys wouldnt mislead you
  14. Firstly I apologize for joining and posting asking for advice please do not let that stop you giving advice please I am posting for my wife, we live in Norfolk UK Around 6 weeks ago out of the blue we recieved a court summons to apear this friday coming at Norwich magistrates court The offences are failing to give information of driver to her car which had commited offence of speeding The second offence is driving at 46mph in a 40 mph zone After our shock I myself rang the ticket office and stated this was first we had heard of this matter The offence was commited on 17 December 2013 We was informed a letter had been sent over xmas period and again in January we recieved neither letter We was assured on phone to write in to ticket office explaining this was first we knew of the matter and they would deal with it We wrote a letter explaining this was our first knowledge of the incident and sent the court letters back to the court stating there was a mistake and the ticket office was sorting it out My wife has a clean driving history with no points, she is disabled and on benefits she normaly travels at most 4K a year and has no knowledge of the incident Friday afternoon I rung the ticket office to check up as we had heard nothing from the courts or the ticket office and to my horror was told once the matter had a court date it had to go to court My wife is traumatised over this, the thought of going to a legal court physically makes her ill Its my fault, I assumed the mix up would be dealt with like the man on the phone told me and luckily I checked up or we would of missed the court date We was informed a simply £80 fine that could of got my wife a refresher class awareness will now possibly attract legal costs and fines exceeding £1000 and 9 points on her licence We have rung for legal advice been told we should be ok but fixed fees from around £1000 would be needed We honestly did not recieve any letters asking for driver information and to be fair our post office are very good, ive not experianced mail not arriving before and twice from same people makes me wonder I feel it unfair that and administration error so simple could potentialy cost us more than we could ever raise and we are reading courts do not listen to Joe public contesting cases that are not legaly familiar Please can someone write what we should say or do down so my wife can read it Its not as simple as tell it as it is, my wife is almost dumbstruck with fear (and Im also as bad) Most normal people never go through life going to court and the wrong word from us or forgetting to say something could destroy us We dont have the money to pay the car would have to go and the lifeline the car gives would be impossible to replace the court is this friday, its my fault Ive left it so late, simply I believed what the man in the ticket office saying write in informing us thisi s the first you have heard of the matter and they would deal with it Thankyou in advance
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