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    • gusyah82
    • By gusyah82 12th Oct 18, 11:54 AM
    • 1Posts
    • 0Thanks
    Missed court hearing - statutory declaration
    • #1
    • 12th Oct 18, 11:54 AM
    Missed court hearing - statutory declaration 12th Oct 18 at 11:54 AM
    Hi I received a Notice of Enforcement of Driver Record back in April 18 for a speeding offence in July 2017, for failing to identify the driver. I spoke to a solicitor and he got me to post a stat dec to preston magistrates explaining this was the first I'd heard of any offence. A few days later I got a Pink Debt recovery letter from HMCTS for 811.00 for unpaid court fines. I spoke to Preston Magistrates and they said they will notify HMCTS to put the Debt Recovery on hold until my stat dec was dealt with. I was told I had submitted the stat dec after the court hearing took place (in march 18). I explained I was not aware of any hearing. I was told to wait for a reply by phone. I received no such phone call. In September I returned from my holiday to find another Notice of Enforcement.. letter this time with a 1346.00 fine. I called Preston Magistrates and they forwarded me to the Blackburn office. I was told that I had missed a court hearing in June and another in September, I explained I was not aware of any such hearings and to the best of my knowledge had not received any court attendance letters. I was given an appointment by phone for this week and told I must attend this one. When I attended I was told by the courts that because I ad already submitted a Stat Dec in April, and a hearing was arranged for June, which I missed, and then another in September which I also missed, there was nothing legally they could do. I was told if I contested the sentencing ( 6 points and 1346.00 fine) I should appeal to the Crown Court in Preston. In the meantime I received a letter from Marston solicitors demanding payment for 811.00 plus fees. I also received another pink letter from HMCTS for 1346.00. I called HMCTS and explained that I was appealing the Magistrates decision with the Crown court. They said they would hold the 1346.00 fine but that I would need to pay the 811.00 because that was for another offence. I explained both fines were for the same offence, however they told me to take the matter up with Preston Magistrates. I called Magistrates and they explained that it looks like there was a duplication of the case and she would speak to HMCTS to hold both fines until the matter was resolved. The lady I spoke to queried why I wasn't given the option to make a stat dec when I attended this week and why, if I identified myself as the driver the courts didn't simply accept the plea there and then. I told her my version of events which she found baffling, she saud she would speak to the legal advisor and that I may not need to appeal to the crown court and see if I could plead guilty to the speeding offence seeing as though I'm not contesting it.

    I was wondering legally where I stand on this whole matter, I explained in court that I was not disputing the speeding offence, and that I simply had not known of the 2 previous hearings, one in June, and the other in September. I cannot recall receiving any court letters, I do have kids at home and they do sometimes play with the post. But to the best of my knowledge I have not come across any hearing dates. But they said the matter was out of their hands at this stage and I would need to appeal to the crown court. Any advice would be appreciated
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    • MHartley
    • By MHartley 12th Oct 18, 4:15 PM
    • 26 Posts
    • 40 Thanks
    • #2
    • 12th Oct 18, 4:15 PM
    • #2
    • 12th Oct 18, 4:15 PM
    Ask a Mod to move this to the Motoring forum. Your best bet would be to post on Pepipoo.
    • forgotmyname
    • By forgotmyname 12th Oct 18, 4:36 PM
    • 29,032 Posts
    • 11,903 Thanks
    • #3
    • 12th Oct 18, 4:36 PM
    • #3
    • 12th Oct 18, 4:36 PM
    Is there an issue with your address? No notice of the original ticket to name the driver and no notice of the offence with your name and then no notice of all the court paperwork?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • kingstreet
    • By kingstreet 12th Oct 18, 7:20 PM
    • 35,054 Posts
    • 19,085 Thanks
    • #4
    • 12th Oct 18, 7:20 PM
    • #4
    • 12th Oct 18, 7:20 PM
    Ask a Mod to move this to the Motoring forum. Your best bet would be to post on Pepipoo.
    Originally posted by MHartley
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
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