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    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since their only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept their offer. If he declines or ignores it they will take option (3). Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still not heard anything, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me. 
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
    • STAT OF THE DAY $600,000 Texas Democratic Representative Henry Cuellar and his wife have been indicted by federal prosecutors on charges of conspiracy and bribery, after allegedly taking nearly $600,000 from a Azerbaijani-controlled company and a Mexican bank, according to the US Department of Justice.   Read more
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Help - Comittal Proceedings For Culpable Neglect!


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Today I was found guilty of culpable neglect by the magistrates. They looked at my bank statements and said in 2006 I had money in the bank and therefore should have paid the council tax debt. I explained that was money in my business account, not my personal account and that it would be wiped out by the outgoings of the business. The business was not making a profit and I had no income from it. They reiterated the finding stating I had money in the bank. I asked specifically what money in which account. They said "I do not have to explain it, it is in the paperwork and that's that!" I said I need to know so that I can explain it and they refused to say any more. I have a month's adjournment to furnish them with all my present financial info so they can assess my means.

 

To be guilty of culpable neglect, I thought you had to have the means and had not paid because it was not important! I did not have the personal means, I was appealing against the council tax benefit decision and I was told it would be put on hold so I didn't have to pay it immediately, pending the outcome of the appeal. How can that be culpable neglect? Also, how can they say that without a full investigation of my finances from that time? Surely they have to do a proper means enquiry?

 

It is bad enough that they made an error in law at my Tribunal, (which I am now looking for info on an "anytime revision" to see if it can be done without a time limit for the error in law), but to make a finding of culpable neglect without checking my finances fully, is astounding. I left the Court stunned!

 

Any ideas?

 

JQ :-o

Edited by jqinfo
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Hey hunni, sorry I have no real advice for you. This may not be the best forum to post this in. Try reposting in the bailiff forum - I notice you made mention of this thread in a sticky there. Or perhaps there is another legal forum?

If you are unsure, ask the Site Team for help.

Good luck and best wishes.

Rae.

Edited by RaeUK
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Today I was found guilty of culpable neglect by the magistrates. They looked at my bank statements and said in 2006 I had money in the bank and therefore should have paid the council tax debt. I explained that was money in my business account, not my personal account and that it would be wiped out by the outgoings of the business. The business was not making a profit and I had no income from it. They reiterated the finding stating I had money in the bank. I asked specifically what money in which account. They said "I do not have to explain it, it is in the paperwork and that's that!" I said I need to know so that I can explain it and they refused to say any more. I have a month's adjournment to furnish them with all my present financial info so they can assess my means.

 

To be guilty of culpable neglect, I thought you had to have the means and had not paid because it was not important! I did not have the personal means, I was appealing against the council tax benefit decision and I was told it would be put on hold so I didn't have to pay it immediately, pending the outcome of the appeal. How can that be culpable neglect? Also, how can they say that without a full investigation of my finances from that time? Surely they have to do a proper means enquiry?

 

It is bad enough that they made an error in law at my Tribunal, (which I am now looking for info on an "anytime revision" to see if it can be done without a time limit for the error in law), but to make a finding of culpable neglect without checking my finances fully, is astounding. I left the Court stunned!

 

Any ideas?

 

JQ :-o

 

Having been found guilty in a magistrates court you will now be entitled to appeal & to have your appeal costs met by legal aid to your financial situation. Therefore as they appear to have erred in law I suggest you speak to a suitably qualified solicitor asap

 

The site does not promote such firms but as your need is pressing I can put you in touch with one who specializes in such cases & is Legal Aid franchised therefore advice will be free

 

Please PM me

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  • 11 months later...

Hi JonChris, I know this sounds stupid, but did I PM you? I cannot find in my sent box or a reply I have lost everything and it was a year ago!! It has been a traumatic year and I am not further forward, I have had a Valuation Tribunal and loss and the court case hinged on this. Do you have any information on sole or main residence, or example cases? They are saying the appeal property was my saole/main residence even though I have not spent one night there since March 06 and I have a sole/main residence! I was not at all able to concentrate on the day, it followed a night with ambulance and hospital following a failed suicide attempt by my daughter. Not only was I distraught, but she was my main witness as the resident occupier of the property and a student!

 

I tried to PM you today, but couldn't work out how. Apologies my brain does not function properly at all, too stressed.

 

JQ

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