Conditional Offer of a Fixed Penalty

[RJH]

Re: Conditional Offer of a Fixed Penalty

From the court papers it seems they had sufficient evidence on 10/05/2015.
You now need to discover when they laid information with the court, to see if they breached the 6 month time limit.
The witness statement being dated the same date as the summons certainly looks suspiciously like they may have been late.

How would I do that? Just phone the court?

[des8]

Re: Conditional Offer of a Fixed Penalty

Email might be better, as you then have a record.

[RJH]

Re: Conditional Offer of a Fixed Penalty

Email might be better, as you then have a record.

Will do, I'll send them an email either later tonight or tomorrow.
Funny how there is no actual date. The letter was sent first class though so it couldn't have been sent much earlier than a couple of days ago.

[des8]

Re: Conditional Offer of a Fixed Penalty

Date is on Page 2 at foot of box 01/12/2015?

[RJH]

Re: Conditional Offer of a Fixed Penalty

Date is on Page 2 at foot of box 01/12/2015?

Sorry for the confusion! I knew that was there but thinking about it even though that's the witness statement it can't possibly have been laid before the statement was provided?

[des8]

Re: Conditional Offer of a Fixed Penalty

Page 2 is not the witness statement: it is the page headed "CHARGE(S)" and is the second page of the summons

[RJH]

Re: Conditional Offer of a Fixed Penalty

Date is on Page 2 at foot of box 01/12/2015?

Page 2 is not the witness statement: it is the page headed "CHARGE(S)" and is the second page of the summons

Got it now, apologies!
So I'll email them tomorrow and see what they say and let you know.
If it is late what would the procedure be then?

[mystery1]

Re: Conditional Offer of a Fixed Penalty

Out at work all day and will be so tomorrow too.

A simple phone call should get an answer to the date the information was laid. They shouldn't give advice but might be nosey. I'd be tempted to just ask for the date and not enter in to reasons why until you know the date.

M1

[RJH]

Re: Conditional Offer of a Fixed Penalty

Out at work all day and will be so tomorrow too.

A simple phone call should get an answer to the date the information was laid. They shouldn't give advice but might be nosey. I'd be tempted to just ask for the date and not enter in to reasons why until you know the date.

M1

Thanks for the response! I will find out tomorrow and let you guys know to see what needs to happen next.

Appreciate all your help everyone

[RJH]

Re: Conditional Offer of a Fixed Penalty

[MENTION=39710]des8[/MENTION] [MENTION=30456]wales01man[/MENTION] [MENTION=5354]mystery1[/MENTION]

The date I've been given as the information being laid was the 2nd November, so it would fall just under 6 months. Should they not have put this on the paperwork?

[wales01man]

Re: Conditional Offer of a Fixed Penalty

Who knows why they did not put the dates on shows how this country works getting it wrong all the time.
Whether you plead or are found guilty try to give good reason why this happened and fingers crossed for a descent result for you.
Stupid that this has dragged on for so long Good luck in Court

[RJH]

Re: Conditional Offer of a Fixed Penalty

Who knows why they did not put the dates on shows how this country works getting it wrong all the time.
Whether you plead or are found guilty try to give good reason why this happened and fingers crossed for a descent result for you.
Stupid that this has dragged on for so long Good luck in Court

Thanks.

The basics of this are that my fiancee was (and still is) pregnant and wasn't feeling great so I decided to drive home from dropping my daughter off one afternoon.
I thought I was covered underneath my insurance and obviously turns out that I wasn't. They did the check and found I had insurance on my car and not on hers.

In terms of pleading, I guess it will have to be as guilty, but for mitigating circumstances what should I put? I've got no money for representation and some things I would like them to consider would be:

* I'm a bankrupt (made bankrupt in Feb 2014)
* I have a court order to see my daughter every other Sunday (she lives about 15 miles away - public transport wouldn't be of benefit to the order)
* My fiancee is having a C-section on 22nd December and will not be able to drive for about 4-6 weeks (we only have 1 car now as mine was sold due to breakage) - we can't rely on others for lifts and I am going to need to transport us around (there will be 2 dependent children once the baby is born).
* I ensured that I became insured on her policy
* I have a new job beginning in January that a ban could possibly have an adverse affect on, and with my OH not being in work having been made redundant whilst pregnant, if I was to lose my job then we would have no way of surviving.

[des8]

Re: Conditional Offer of a Fixed Penalty

Whether or not the date info was laid should have been on the summons is a bit academic.
Its omission is unlikely to be fatal to their case.

Viewing the Police Officer's statement regarding driver behaviour(at the bottomof his handwritten witness statement, you might have problems if you try and claim you had reasonable belief you were insured.

Good luck anyway.

[des8]

Re: Conditional Offer of a Fixed Penalty

Regarding mitigation stress the effect losing your job would have on other people.

Also don't forget to take in details of income and expenditure and existing debts to keep financial penalty to a minimum.

[RJH]

Re: Conditional Offer of a Fixed Penalty

Regarding mitigation stress the effect losing your job would have on other people.

Also don't forget to take in details of income and expenditure and existing debts to keep financial penalty to a minimum.

[MENTION=39710]des8[/MENTION] I will do. The mitigation page is for me to put my case forward is that right?

DO you recommend I speak with my new employer to ask him if the job offer will stand still as I'm due to hand my notice in this afternoon/Monday morning at my current job?