Failure to provide driver ID

[letsmakeamark]

Although you were named as the driver you could have easily named the company director or someone on the nip sent to you ?

[Desperate Daniella]

Hi Phelo,

 

Have you done it yet? If you are happy with it, that's fine, but if you would like me to have a look post up this evening.

 

Good luck for tomorrow.

 

DD

[phelo]

thanks daniella all sorted points removed and fine, case was reopened and closed that day by courts legal advisers police sent photos of incident to the firm but not me although i requested them also photos where shown in court and they were very distorted. i even got travel expenses, happy days and thanks again for your help x

[phelo]

oh the work committments excuse was accepted, just goes to show eh.

I would not rely on "work commitments prevented me attending". It is a summons ... You are required to attend.

 

You can ASK for the hearing to be held on a different date, but the court doesn't have to arrange its workload around you.

 

There is a danger that relying on that presumption now may irritate those dealing with your case. They have already declined you making a statutory declaration on that basis.

 

You might be better stressing that since you were naive of the process, you didn't check that the court had been able to consider your request for a different date, or - if the court had been kind enough to grant you a different hearing date (4th June?) that you were unaware of that new date and would have attended if you had known of it. Therefore, you ask if the court would consider re-hearing the case with you attending in person, at any date of the court's choosing, under their powers of the Magistrates’ Courts Act 1980 S142, and you will phone the court offices weekly to ensure you don't again miss the court's reply.

 

After typing the above I note that you have replied down the thread (18:11 17th June) that you have already sent your letter, with your first post at 17:58 on 17th June, and also replied (somewhat curtly? : "i always wear a seatbelt, read my letter to the court") to another respondee.

 

So, are you looking for validation for the letter you have already sent the court, or advice?

If for advice : you might have been better waiting to give people a chance to offer that advice before sending the letter.

 

If for "validation" : for the reasons above I can't say it was what I would have sent, but since it has already been sent, good luck!

 

Your other option (but it is mutually exclusive to asking the Magistrates to use their S142 powers) is a Crown Court Appeal. You have 21 days from sentencing (so, from 4th June, so the clock is ticking!) to do so, and it could be expensive if you don't succeed : on this basis and since you already told the court "I don't know who was driving and can't reasonably be expected to know" - if you were considering this route I suggest you need advice from a legal professional : see a criminal law solicitor & sooner rather than later.

[Conniff]

thanks daniella all sorted points removed and fine, case was reopened and closed that day by courts legal advisers police sent photos of incident to the firm but not me although i requested them also photos where shown in court and they were very distorted. i even got travel expenses, happy days and thanks again for your help x

 

Thread complete and closed.