Author Topic: HELP! Court summons for speeding - but due to MISSING PAPERWORK (Their fault)  (Read 581 times)

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Offline ColFB

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Hi there - wonder if anyone here can help.

I was issued a speeding ticket by Essex Police back in Oct 2023.

I filled in the form confirming I was driving and submitted my driving licence details etc.
I also paid the fine online.

I received a letter a couple of weeks later reminding me to respond.
I called Essex Police speeding and told them that I had posted the letter.

My boss had been in a situation where he was summoned due to lost paperwork so I'd taken a picture of the stamped envelope to the police alongside the form filled in as proof that I completed the form and was ready for posting

So I explained when I called them, following the reminder, that I had posted and I had evidence of completing the form.
I emailed that over.

He advised me to resend the 2nd form when I get it and to email that over too.

I have the email chains still as evidence and my phone bill as evidence that I called them (back in Nov 23).

Fast forward to yesterday. I have received a court summons relating to this ticket for failing to submit the paperwork.
They acknowledge I did pay the fine but have refunded it this week.

The phone no for the court support is not accepting calls. There is no one i can call at Essex Police - as you have to leave a message.
I have used the Essex Police website chat - and they advised they could not help buy gave me an email address.

I summarised my issue in the email - and attaching the emails from November where I demonstrated that I had the form filled in and ready to be posted.
I also had evidence that I emailed the form to them and in the emails I am asking them to confirm they have all they need as I did not want to be subject to any action.
I emailed 3 times asking they confirm receipt as I did not want to be subject any action - but I did not receive a reply.

They emailed back this

Thank you for your email.
Having looked into your case it appears that your driver’s licence details were not received by the Fixed Penalty Office.
I can confirm that we received your email containing your completed Section A form on 10/11/2023 and the Fixed Penalty Office received your payment of fine on 22/11/2023.
However as the Fixed Penalty Office have not received your driver’s licence details for endorsement, the Conditional Offer of Fixed Penalty process has been failed, which is the reason that your fine payment has now been refunded to you.
Due to this failure to comply with the Conditional Offer of Fixed Penalty process, your case will now proceed to be dealt with by the Magistrates Courts.
You will now need to comply with the instructions detailed in the Court Hearing Pack that you have been served.
Please make your plea as soon as possible. There is an option for you to provide any mitigation to explain your circumstances.
If you have any queries regarding the court process please contact the HMCTS Service Centre (I can't post the number).


The phone no has a message saying "due to a technical error we are unable to receive some calls" .
I feel I have to plea Guilty - as I WAS speeding.
But I am being summoned due to lost paperwork that I can evidence I had filled in, emailed, posted. I paid the fine which they acknowledge.
But I am worried about pleaing guilty - what does this mean? A fine I cannot afford?

I have looked into solicitors fees... £1000s that I cannot afford to represent me that I did everything correctly and DID comply but for whatever reason TWO forms have been lost.

Does anyone have any experience here? What should I do?

thanks in advance!

Offline The Bald Eagle

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I am no expert when it comes to this type of thing, but having read your post I believe there is one ray of hope. The police have said "There is an option for you to provide any mitigation to explain your circumstances."

If you use that opportunity to explain to the magistrates why you have ended up where you are, I would have thought they would take that into account when deciding your case.

And there is a lesson we can all learn from your misfortune.

If you want to be absolutely certain that important documents have been delivered, SEND THEM BY TRACKED AND SIGNED FOR POST
WE ARE WATCHING YOU

 


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