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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64048
Experience:  Over 5 years in practice.
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Im unemployed and in poor health. I already have 12 pts on my licence but mitigati

Resolved Question:

I'm unemployed and in poor health.
I already have 12 pts on my licence but mitigation avoided a ban. However, I was photographed doing 36mph in a 30mph zone subsequent to that and this should lead to an automatic ban. I have recieved a POSTAL REQUESITION which lists the offence under the heading "charge/charges" on page 2 of the forms, however, on page 9 of 14,there is an additional notice headed "plase read this notice carefully now" and begins, 1) You have been charged with using a motor vehicle without the necessary documents......This is clearly not true as it was a simple camera offence. The plea form asks me to read everything sent with the notice before filling in the plea form. Since part of the notice is incorrect, how should I plea?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

Are you licensed and insured?
Customer: replied 1 year ago.

Yes, absolutely, and the car was taxed. Everything was in order

Expert:  Jo C. replied 1 year ago.
Whats the legislation it quotes?

So you are charged with XXXX offence contrary to X section of X Act. Whats the section and Act?
Customer: replied 1 year ago.

The 'charges' page mentions only the speeding offence and quotes offence was contrary to section 81(1) of the Road Traffic Regulations Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988.


The page relating to the charge of 'using a vehicle without the necessary documents( a driving licence, a test certificate or insurance) does not stipulate any act.


The speeding offence details on page 2 are correct but none of the charge details on page 9 are. The offence I've been charged with on page 9 is not included on page 2 with the speeding charge.

Expert:  Jo C. replied 1 year ago.

On the face of it, that charge is incorrect then. Its difficult to see what the explanation for that is. If they thought that you were banned last time then the charge should have been driving whilst disqualified.

In any event, you just plead guilty to the speeding offence to which I imagine you have no defence and not guilty to the other matter.

You should really attend court though to explain. If you don’t they will just set it down for trial for your attendance. Its probably something that could be sorted out on the morning of the first appearance if you attend with your licence, insurance and other documents.

Unfortunately though, this time you are likely to be banned I’m afraid. You can raise exceptional hardship twice within three years but not on the same facts which is usually pretty fatal as most people do not have such significant changes in circumstances.

Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.

Thanks for your answer but just to clarify I was NOT banned last time as my mitigation was accepted on that occasion, so I couldn't have been charged with driving while disqualified.


Am I to understand that there is no significance to the incorrect charge of driving without documents on the substance of the case as a whole, including the speeding offences?


I do have a court date later this month and will attend but the plea form ONLY mentions the speeding offence and there is no reference there to driving without documents offence on that form and therefore no opportunity to plead on that charge one way or another.


I guess I was hoping that the 'clerical error' of the additional charge might render the whole case invalid. I take it this isn't the case then?


 

Expert:  Jo C. replied 1 year ago.
1 Yes, I realise that but we are dealing in possible explanations for the error.

2 Yes, thats right.

No, the incorrect charge would have no impact on the case as a whole. The best that you can expect is that they would remove that particular charge.

The Crown are always pursuing alternative counts some with greater strength then others.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64048
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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