Speeding Case
Most years I spend most of my time in remote locations working for a charity on a boat abroad. Post to the UK can frequently be lost or take many weeks and therefore is inadequate. I can however communicate by email or fax. I tried to register my car abroad, but DVLA said this is impossible, so it is registered at a relative’s address in the UK.
When a NIP was received at the UK address, because no email address or fax number was provided, attempts were made to try to phone 01443 743772 to say gone away, please send by email or eFax [to ensure I would receive it where I was]. But there were only recordings in English and Welsh with no opportunity to speak to anyone or leave a message. The second number 01443 743778 then provided only gave a message which said no incoming calls.
I had the email address of a police officer [PC 883] in the same constabulary from an earlier speeding case so, having noted the details of this case, limited though they were, I emailed all the required details. I noticed that it is legal to supply the necessary information without it having to be on the actual paper form supplied [although officials often resist this because they do not know the law]. I also asked a lot of questions about the case to which I never had a reply. I hardly ever even received acknowledgements to my communications.
Much later, back in the UK, I received a summons for both speeding and failing to provide ownership details. Often the details provided are so poor that one cannot relate the alleged offence to the event. It is especially difficult to remember where one was, long after the event. I provided specific details of the email giving driver details to the prosecution and also asked PC 883 to confirm she had received the email.
Eventually after I had sent very many emails and faxes, PC 883 told me:
“…. I never received your e-mail on 16.06.06 as stated in my response to you on 30.09.06 as it does not refer to my case.”
I had complied with the law by providing the information requested to the police. This was achieved by email, otherwise the email would have been returned as ‘not delivered’ by the system. If this was provided to the wrong department within the police force, then the police officer should have passed it on to the correct one, or else told me that it was the wrong department and given me the correct one. Surely I cannot be held responsible for the failure of the police officer to act in any way on the information I provided at the time. It would only be reasonable to expect an officer to communicate in some way if there was something wrong with the way I presented the driver information.
I was also told by the prosecution that I could not have the case heard near my relative’s address, but would have to travel hundreds of miles to where the alleged offence had taken place.
Because of the hopelessly inadequate response to my questions and 36 emails and faxes. I asked for further time to prepare my case. The prosecution refused. I received a Notice of Fine and Collection Order for £450 without any explanation of what went on in court in my absence or what I have been found guilty of.
How can I appeal?
What grounds can I use?
Regards,
Chris.
chris@chriswren.co.uk
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