Crown Court Appeal for Speeding

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firefox1701e
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#1 Crown Court Appeal for Speeding

Post by firefox1701e » 12 Oct 2016 19:37

Hello to everyone on this forum. My name is Keith and I would just like to say that this is the best forum that I have found.
Before I go into any details I would like to say that, with anything I post I have no reason to hide my details.

I have a little problem with regards to a speeding offence that occurred October 2015.

Brief history of events:

October 2015 – Flashed by static camera in Torquay by the Livermead Hotel

Nov 2015 – March 2016 – NTO and Form 172 arrived – ignored as I was not speeding so didn’t reply (probably a mistake on my part).

27th April – Hearing held at Bodmin Magistrates Court – the charges were
1) Speeding – exceed 30 miles per hour on restricted road – automatic camera device.
2) Fail to give information relating to the identification of the driver/rider of a vehicle when required.

I was away at the time on holiday – Found guilty in my absence – total £811 fine and 6 points.

Approx end of May - Applied for ‘Out of time appeal’ to Bodmin Magistrates Court.

Told to send to Truro Crown Court

Sent to Truro Crown Court and returned from Bodmin Magistrates Court, saying send to Plymouth Crown Court.

Sent to Plymouth Crown Court – waited 7 working days then called Plymouth Crown Court.

Told it was the wrong court and they will be forwarding to Exeter Crown Court.

Exeter replied granting the appeal 2nd December 2016.

Court order for £5 per week deducted from benefits (ESA)

Contacted CPS at Exeter today 12 Oct 2016 – told the two witnesses requested by me to attend will be there however they have dropped the speeding charge and are proceeding with the ‘Failure to disclose’ charge.

I can categorically destroy the speeding charge proving I was only doing 31.3 mph using the police’s own evidence. This in itself should negate the second charge because it should never have gone to court.

My question is this:

How can I challenge the ‘Fail to disclose’ charge at court, given that the speeding offence did not actually occur in the first place?

I hope there is someone who can assist/advise me without going to solicitors and such like. Many thanks in advance for any assistance given.

I will let you know the outcome after the court hearing in December.

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Schedule 12
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#2 Re: Crown Court Appeal for Speeding

Post by Schedule 12 » 12 Oct 2016 20:19

I think this is a question for a motoring expert. Anyhting to do with bailiffs can be answered here.

The pepipoo motoring forums are a good place to start. Post your question up and see what they say.

I have a feeling they can prosecute you at 31.1MPH because the limit is 30. I know it might be vexatious to prosecute under those circumstances, but it's within the rules.

One thing does come to mind. If you were unaware of the prosecution until after you were convicted, then the law says the proceedings are invalid, and you can lay a statutory declaration before a designated officer of the court. Let me know if that is the case and I'll give you a template.
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firefox1701e
Posts: 4
Joined: 12 Oct 2016 16:44

#3 Re: Crown Court Appeal for Speeding

Post by firefox1701e » 12 Oct 2016 21:05

jasonDWB - thanks for the swift reply - I do know that the police do not prosecute because there is a 10% error + 2mph that is allowed. Could you give me the website address for the pepipoo motoring forums please and I will give them a try.

Thanks again for the swift reply. I will still keep you updated as soon as the hearing has been concluded.

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Schedule 12
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#4 Re: Crown Court Appeal for Speeding

Post by Schedule 12 » 12 Oct 2016 21:40

http://forums.pepipoo.com/

I've had a few complaints about trolls on their forum, if you get snagged by one, then post back here.
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firefox1701e
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#5 Re: Crown Court Appeal for Speeding

Post by firefox1701e » 03 Nov 2016 18:10

Hi everyone - it appears that if I proceeded with the appeal then I would have been hit with even higher costs which I cannot afford so I have abandoned the appeal.

However this is not the end - I am going to see my local paper, who have shown an interest in this, and hopefully get it into print - just to p**s of the police and justices. If and when they run the story I shall be purchasing several copies of the article which will be sent to the following: Bodmin Magistrates Court, Plymouth Speed Camera Safety Unit, Exeter Crown Court, Police HQ at Exeter and Patterson Motoring Law Practice in Newton Abbott toand see what they think of it.

It might stir up some questions about Police procedures and processes, etc.

Will keep you updated

Keith

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Schedule 12
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#6 Re: Crown Court Appeal for Speeding

Post by Schedule 12 » 03 Nov 2016 18:20

I'm not familiar with any rule that says you pay costs if your appeal is unsuccessful. The court can increase the fine if you unsuccessfully challenge a conviction.

We deal with bailiffs, and if its bailiffs you want to scupper, then this article explains how: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html


Here is a checklist you can follow to see if the enforcement is compliant. http://www.dealingwithbailiffs.co.uk/fo ... p?id=42597
Run this Checklist. If no joy, then we'll fix it
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firefox1701e
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Joined: 12 Oct 2016 16:44

#7 Re: Crown Court Appeal for Speeding

Post by firefox1701e » 03 Nov 2016 18:52

Hi jasonDWB

My apologies for not explaining myself clearer.

The police dropped the speeding charge (supposedly due to unable to identify the driver) but still held out for the S172 (failure to disclose) charge. As a result I would have been hit with an even bigger fine (cannot afford that).

No bailiffs involved.

Keith

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Schedule 12
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#8 Re: Crown Court Appeal for Speeding

Post by Schedule 12 » 03 Nov 2016 18:56

You either pay it, or do a change of circumstances and ask for more time to pay.
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