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  • FIRST POST
    • jmcwitch
    • By jmcwitch 19th Jun 17, 12:46 PM
    • 5Posts
    • 0Thanks
    jmcwitch
    Speeding fine from 2015 help?
    • #1
    • 19th Jun 17, 12:46 PM
    Speeding fine from 2015 help? 19th Jun 17 at 12:46 PM
    Hi There,

    not sure if this is the right place to post but hoping you can maybe help?
    For info, we live in Falkirk; Scotland so law is completely different.
    In August 2015 my fiance was flashed coming up from Penrith, we waited for our letter to pay and got nothing in the post for quite some time, when we did we got a letter saying he had been found guilty in his absence and had 6 points on his record, he called Penrith sheriff court and was sent a form to get filled in to say he hadn't gotten the letters.

    He made an appointment at the justice of the peace and filled in the form, then returned it, at which point it was returned again saying it hadn't been stamped so they had decided it wasn't legit, Falkirk Sheriff court were a bit bemused because they hadn't used their stamp in years!

    We hadn't heard anything till 2 weeks ago when we got ANOTHER letter to appear at court on the 14th June, as the job my Fiance has requires him to have a clean criminal record we got a lawyer, went to court and the sheriff has delayed it for investigation as he's reluctant to interfere with English courts, the lawyer has sent us a letter to say that to investigate as per the sheriffs request it will be £400 + Vat

    We have a further court case in September to present findings, the fine is £800, my partner IS happy to pay any fine, but feels slightly aggrieved that to get legal assistance he would be over £1000, I know it may seem worth it, but if at all possible we'd like to save the lawyer fees on the investigation part.

    Can anyone point us in the correct direction of where to go next?
    How should we investigate ourselves?

    Thanks
Page 1
    • wgl2014
    • By wgl2014 19th Jun 17, 1:51 PM
    • 269 Posts
    • 144 Thanks
    wgl2014
    • #2
    • 19th Jun 17, 1:51 PM
    • #2
    • 19th Jun 17, 1:51 PM
    The offence occured in England so will be prosecuted as such.

    You living in Scotland is irrelevant.

    I guess from what you have written that you have done a statutory declaration that you were unaware of proceedings, this effectively cancels the conviction and returns things to the court stage.

    If you accept the speeding charge you can try for a plea bargain, the prosecutor drops the 172 charge and you are just convicted for the speeding.

    There is a very specific order you need to do things in to avoid simply ending up with two convictions. If you go to Pepipoo and search the threads on there you will see what you need to do. If you are still unsure sign up and ask there.
    • jmcwitch
    • By jmcwitch 19th Jun 17, 3:07 PM
    • 5 Posts
    • 0 Thanks
    jmcwitch
    • #3
    • 19th Jun 17, 3:07 PM
    • #3
    • 19th Jun 17, 3:07 PM
    The offence occured in England so will be prosecuted as such.

    You living in Scotland is irrelevant.

    I guess from what you have written that you have done a statutory declaration that you were unaware of proceedings, this effectively cancels the conviction and returns things to the court stage.

    If you accept the speeding charge you can try for a plea bargain, the prosecutor drops the 172 charge and you are just convicted for the speeding.

    There is a very specific order you need to do things in to avoid simply ending up with two convictions. If you go to Pepipoo and search the threads on there you will see what you need to do. If you are still unsure sign up and ask there.
    Originally posted by wgl2014

    Hi, i'll go look there, thank you!

    I wasn't sure if my location was relevant or not, best to be safe than sorry !
    • Manxman in exile
    • By Manxman in exile 19th Jun 17, 3:44 PM
    • 812 Posts
    • 533 Thanks
    Manxman in exile
    • #4
    • 19th Jun 17, 3:44 PM
    • #4
    • 19th Jun 17, 3:44 PM
    If you post on Pepipoo they'll almost certainly want to know if you have any idea why the original speeding documents didn't reach you. Had you changed address around the time of the alleged offence and if so had you notified DVLA? Not just for his driving licence but also on the car's V5. You will probably need an accurately dated timeline of what happened and when.
    • jmcwitch
    • By jmcwitch 19th Jun 17, 7:55 PM
    • 5 Posts
    • 0 Thanks
    jmcwitch
    • #5
    • 19th Jun 17, 7:55 PM
    • #5
    • 19th Jun 17, 7:55 PM
    If you post on Pepipoo they'll almost certainly want to know if you have any idea why the original speeding documents didn't reach you. Had you changed address around the time of the alleged offence and if so had you notified DVLA? Not just for his driving licence but also on the car's V5. You will probably need an accurately dated timeline of what happened and when.
    Originally posted by Manxman in exile
    We hadn't changed address at all, so no idea why we never got the letters
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