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PostPosted: Fri Oct 06, 2006 15:42 
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Hi,
Quick help needed.
My girlfriend due in court next week for speeding, only 57mph in a 50mph zone.
We share the car every day so we couldn't name the driver, but car's in her name.

She's just called court to ask what time to arrive and she's been told they brought the hearing forward by a week and she's missed it. They fined her £175 plus costs in her absence for not providing driver details.

We had both planned to attend to argue the case.

Can the court move the date forward without informing her?

She can't pay, she out of work right now. She's in tears, she's broke & she needs a clean licence for her line of work when she gets another job.


Clerk said she could appeal.

Mark


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PostPosted: Fri Oct 06, 2006 16:01 
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Location: South Wales (Roving all UK)
Go to Pepipoo

As I understand it you may be able to have the judgement set aside.


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PostPosted: Fri Oct 06, 2006 16:53 
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Falcon01 wrote:
She's just called court to ask what time to arrive and she's been told they brought the hearing forward by a week and she's missed it. They fined her £175 plus costs in her absence for not providing driver details.

We had both planned to attend to argue the case.


That's REALLY shocking. Ring the local newspaper and ask for the newsdesk. I think they will like the story and provide you with some moral support at least.

This sort of sharp and distressing practice deserves publicity.

Contact me personally if you want help with publicity. I'm on 07799 045553 / 01862 893030.

Use the forums at Pepipoo for the legal issues.

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Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety


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PostPosted: Fri Oct 06, 2006 17:38 
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I went through a similar sort of thing a few years ago.

My case was supposed to have been delayed.
They went ahead and heard it anyway.

I heard 3 WEEKS later that they had banned me because I didn't turn up. I called the court immediately & they said "don't worry it was just a mistake, we'll get the judgement put aside". I was absolutely horrified naturally & asked what would have happened if I'd had an accident during the "ban". They said "oh it would have been OK.."

Magistrates courts can be an utter joke sometimes.

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PostPosted: Fri Oct 06, 2006 21:13 
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this is wrong the CPS must inform you if the court case is fetched forward no doubt the other side would have been informed, i would check


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PostPosted: Sat Oct 07, 2006 06:59 
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kangaroo court, " abuse of process"
It can definatly be set a side. Also I believe they cannot set a higher penalty than the one set , Although this needs more research. they failed to take into account her circumstances. so it should be lower.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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