Convicted Twice In Absence

Question:

I was prosecuted for a speeding offence in my absence in x 2009. I did not receive a notice of the offence from the police or the subsequent prosecution in a magistrates court. I was fined and court costs were awarded against me in my absence.

I only found out in x of the offence and court proceedings after I received a phone call from the Fines office of the court where the officer stated that they could not get hold of my address but I have ben issued with a Further Steps notice.

I was advised to make a statutory declaration which I did. On receipt of was told I will be told of the next steps. After this I heard no more from the courts until I received a bailiffs Distress Warrant last week stating that I owe monies due to a prosecution against me.

I then contacted the Warrant Office of the court when I was told that following the first statutory declaration I made I was sent offence notice again and following that notice to prosecute and subsequently summons for court hearing that happened on x.

This time again, like before, I did not receive any communication. When I told this to the Warrant Office I was advised by their legal department that I should pay amount outstanding and reopen the case as I am not allowed to make a statutory declaration.

I have gone with this advice and paid the amount outstanding but I think that there is some mistake in sending me the correspondence from the police and the courts. However, I thought that if there is anything wrong with my address that this would have been resolved when I made the statutory declaration previously.

It is strange that I did not receive anything from the DVLA as well. I want to reopen the case. I am not contesting the offence but because I think that there is some disconnect and I have been punished unfairly I want to take this step.

One thing that is causing me concern is that the number plate of my vehicle that is subject of this speeding was stolen in x 2005 and it may be that someone else has registered another vehicle in DVLA using my number plate and that this is leading to the problems of mail not being sent to the right address.

Or there is some issues with Royal Mail. It is unlikely that this is the case as no other post delivered to our house has gone astray and it is only the post related to this offence and the subsequent proceedings. However all the offices are saying that they have been sending the post to the right address.

But as this has happened twice I seem to be trapped and feel that there is no recourse. I am highly suspicious that something is wrong somewhere but I feel frustrated that it is difficult to prove.

Most likely it appears that the address that is transcribed from DVLA when the process atarts is wrong and that then gets transcribed in subsequent correspondence. I am going to ask for the copies of all correspondence from the police and the courts. Any advice on this will be highly appreciated.

Graham Says:

You had a defence if you did not receive the request for driver information from the police and you should not plead guilty if you were unaware of the initial request. In addition to the fines you have probably had 6 points put on your licence as well. You need to check with the court and the DVLA.

My view is that you need to do another statutory declaration. You cannot be prevented from doing this. This will set aside the conviction and you will have the fine money reimbursed. you can make a statutory declaration if you did not know about a stage in the proceedings. I can deal with this for you if you want my help.

I will then try and persuade the CPS to drop the matter on the basis that you have the statutory defence under s.172(7)(b).