double jepody

[satman53]

hi,help i was fined for speeding 2yrs ago but papaerwork was sent to wrong address,

i contacted cto office who said that they would send paperwork to me again, 6wks went passed no paperwork contacted cto again was told that it had gone to court and i have been fined £425.00 plus 4 points [42 in a 30 zone],

i contacted the court and was told that the summonds was sent to the address on file i told them that was the wrong address they said i would have to ask the cto to reopen my case,contacted cto they refused,

i refused to pay fine went back to my local court in september 09 and the magistrate said to stop a misscarrage of justice he would cancel the £425.00 fine and reinstate the standerd fine of £60.00 but was unable to take the extra point off, i have to contact the court that put them on contacted the court no joy went up to the next level of complaint ,

the case went back to court jan 10 to have the extra point taken off ,

19th jan letter from court saying that i have been fined £60,00 with £15.00 pounds costs total £75.00,

20th jan letter from court that i have been given 3 points as well,,

i have sent letter to h/q hmcs, mp,police,as someone is at fault but no one will admit it,

cannot find a soliciter to take my case ,anyone had the same problem?

Edited February 21, 2010 by satman53

[Al27]

Can you edit your posts so that it uses full stops and paragraphs?

 

My brain has melted trying to follow what you've posted.

[Zamzara]

If you were unaware of the proceedings, you can make a statutory declaration at the court and the proceedings are invalidated.

 

It sounds like you've already done this and the fine was replaced by a more appropriate one, so I'm not sure what the problem is?

[crem]

What exactly is still wrong here? If the original £425 fine and 4 points were taken off and replaced with a £60 fine and 3 points then all would seem to be well.

 

Or are you suggesting that the second court took the £425 fine off and replaced it with £60 fine and 3 points, telling you the first court needed to take the original 4 points off, which hasn't happened. That would leave you with a £60 fine and 7 points on your licence which wouldn't be correct.

 

Please clarify exactly what happened.

[satman53]

went back to court to have one point taken off but they just dealt with it as a new case so have 7 points plus another fine to pay as i payed the £60.00 fine in september

was never offerd a statutory declaration at the court

Edited February 21, 2010 by satman53

[kwaks]

Sooooo, go back to the court and point out the mistake, and this time don't stand there while they pass sentance without opening your mouth if it is incorrect.

[satman53]

ok it was put before the court by the area director for hmcs, was not invited to go

since this have not been able to get hold of the muppet.

[pebsham]

I would write to the head clerk of the court that issued you the original 4 points explaining the situation and enclosing documentary chronological evidence to demonstrate this. Also note that since you now have 7 points on your licence you have incurred extra costs relating to insurance etc and this could affect your ability to obtain employment there may be further cost implications which would have to be borne by HMCS. Also state that the judge in your later case mentioned " miscarriage of justice". Hopefully this will chivvy them up.

[satman53]

hi have spoke to the head clerk /manager messed me around for 3mths thats why i went higher to his boss who gotmy case back into court but even that went wrong

have sent copys of all info to hmcs/police/cto but they all blame each other i just keep going round and round am

have just found that i can complain to the european parliament under articale 50

NO ONE SHALL BE TO BE TRIED OR PUNISHED AGAIN IN CRIMINAL PROCEEDINGS FOR AN OFFENCE FOR WHICH HE/SHE HAS ALL READY BEEN FINALLY ACQUITTED OR CONVICTED WHITHIN THE UNION IN ACCORDANCE WITH THE LAW

thanks to you all it is nice to now their are still some good people out their

[pebsham]

Find a solicitor that offers first half hour free advice and is versed in motoring law and see if he has a suggestion how to resolve this situation.

 

Also try the pepipoo forums (sorry if we're not allowed to mention other sites) they specialise in motoring problems.