Speeding Conviction Scenerio
DISCLAIMER: Please remember that all cases are different this is just a scenario for entertainment purposes only
Problem…
Hi everyone my son has received this last week regarding a letter he received about 3 weeks ago for 2 speeding fines 57 in a 50 and 59 in a 50 saying he has been convicted of these offences plus 2 other offences of not providing any details or contacting them with the said driver details on the supposed date n time, the dates for these were months ago. I think last October or November he didn’t respond to that letter and the other day he received this,
My thoughts are there is no real authentic court seal, no real address of the court, a po box address to return the form back to, it’s meant to be a legal document but was just posted as normal not recorded delivery.
A legal document by law should be recorded delivery with 14 days of the said offence to make sure the said person gets it, how has he been convicted when no fair court hearing as taken place and how can they say he has to many points on his licence when he has no points that he has been made aware of,
Am I right in saying there is no conviction of an offence unless taken to court and dealt with by a real judge under oath? This letter just shows up in a unlawful way right the way through it, there is no name of any person never mind a wet ink signature anywhere.
Can anyone advise us on the steps we should take please as they threatening to disqualify him from driving whether he turns up in court or not if don’t send this fake form back by the deadline? They’ve made it clear it will be dealt with with the outcome of disqualification.
Suggestion…
If it was me in his shoes (so, not legal advice 😉), I would submit an “Ignorance of Proceedings” form (commonly known as a “Statutory Declaration” or “StatDec”) to the issuing court, to inform them that I was unaware of an alleged offence or a court trial until I received a letter from the court. Under Section 1(b) of the Road Traffic Offenders Act [1988], it states that the Notice of Intended Prosecution MUST be SERVED (not issued) upon the driver or registered keeper within 14 days of the alleged offence. Also, any court documents must be served upon the person. The court would accept my StatDec and set a new date for trial, revoking the previous sentence. By the time it gets to court, the prosecution would discontinue the case due to no evidence being provided by the Police/Road Safety Team. If they proceeded with the case then I would appear at court and ask for evidence that the NIP was delivered (served), which they wouldn’t be able to provide. Case dismissed! ✌️❤️✌️