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View Full Version : So here is the draft of my letter to the prosecution regarding my court case - all comments welcome



Monty91
03-21-2014, 12:38 PM
I am writing with regard to my court hearing scheduled for XXXXXXX following a charge of failing to give information relating to the identification of the driver of a vehicle alleged to have been guilty of an offence.

I wish to request that the above charge be dismissed and that I am instead charged with the original speeding offence that instigated the process leading to a court summons for the offence of failing to identify the driver. I am making this plea because I believe I can show beyond reasonable doubt that my failure to identify the driver was caused by the fact that I did not receive the request and it is therefore not reasonably practicable for me to have done so.

Regarding the aforementioned speeding offence, the Metropolitan Police have told me that on 7th April 2013 on the A13 Thames Gateway in Kent at 6.39pm a vehicle (XXXXXXXXXX) registered under my name and address was photographed by a speeding camera driving at 62mph in a 50mph zone. Whilst I have not seen any proof of this alleged offence, I have no substantive reason to doubt its veracity. I can therefore confirm that I was the driver at the time stated and I accept that the details of the alleged offence given above are correct.

I also wish to confirm that should the existing charge be reduced to the original speeding offence, I will accept this conviction and the resulting punishment.

I will now lay out my argument for reducing the charge to the original speeding offence:

In March 2012 I moved out of XXXXXXXX and moved into XXXXXX (see attached documentation for proof of these dates). Prior to moving, rather than paying for an official Royal Mail post forwarding service, I made a note of the companies and organisations I needed to contact to inform them of my change of address. This included the DVLA for the purpose of amending my driving licence, which I believed in good faith was all that was required for the updating of my motoring records. I was unaware of the requirement to update my V5C certificate by separate cover.

My decision not to use an official post forwarding service was also motivated by the fact that I was friendly with my downstairs neighbours at my former address and knew I would be able to return to the flat on a regular basis to check that no post had been erroneously directed there.

Some months after I had moved, my former neighbours also changed address and the possibility of returning to the flat to check for post was no longer available. Given that several months had now passed, and I had already applied what I believed was due diligence in informing all essential parties of my change of address, I felt no practical reason to take any further measures.

Unbeknown to me, on 16th April 2013, due to my failure to update my V5C certificate at my new address, a Fixed Penalty Notice for speeding was sent to my old address and, subsequently, a Notice of Intended Prosecution and Court Summons (leading to my being found guilty in absence). The matter was then passed to Collectica debt recovery agency who tracked me down to my new address and issued me with a Distress Warrant which I received on 5th March 2014. The following week, I successfully gave a statutory declaration at Willesden Magistrates’ Court citing the above series of events.

Whilst I fully accept that it was my responsibility to ensure my V5C certificate was registered to the correct address, and to ensure measures were in place to receive post to the correct address, I hope that the information I have provided will demonstrate that reasonable efforts were made to satisfy these requirements and that it was an administrative oversight that resulted in this unfortunate situation, rather than a lack of diligence or indeed an attempt to evade the law.

I wish to reiterate that I deeply regret and apologise for these failures, and fully understand the importance of maintaining correct motoring records.

Luis Anaconda
03-21-2014, 12:47 PM
You said any comments

Harry Balls
03-21-2014, 12:51 PM
One paragraph on why you didn't get the speeding fine, one on why you feel the speeding fine is justified in place of the other charge and one sentence asking for their kind consideration.

The rest is masturbation and the more justification you provide, the less believable you are.

Peter
03-21-2014, 12:52 PM
Too many adjectives and goes a bit pompous at times.

Keep it short and simple. The poor c**ts dont actuslly want to wade through another string of **** excuses.

Peter
03-21-2014, 12:52 PM
Sorry :hehe:

Monty91
03-21-2014, 12:54 PM
to lend it some legal clout) so will inevitably be very long.

R.C. Celebrating the return of Trophies
03-21-2014, 12:54 PM
might do the job.
They like all that sorry m'lud ****e.
Got me off speeding at 106mph down the M5/42
Bizzies wanted me done for dangerous driving...

Pat Vegas
03-21-2014, 12:55 PM
and educated in these matters.

However perhaps they will play the 'you should have known better' card.

Whereas if you pretend to be a bit of a div they might have pitty on you.

:hehe:
03-21-2014, 12:55 PM
Hence you will get off.

Monty91
03-21-2014, 12:56 PM
me. It's there for proper scumballs who do hit and runs and try to evade the law.

So appearing educated and of good character is important.

Classic Jorge
03-21-2014, 12:57 PM

:hehe:
03-21-2014, 12:57 PM

Curly
03-21-2014, 12:58 PM

Red N White Army
03-21-2014, 12:58 PM

R.C. Celebrating the return of Trophies
03-21-2014, 12:58 PM
sent in a letter attached to an unsigned notification of driver thingy basically admitting full culpability but as speeding is a criminal offense and they had failed to advise me of my rights (to remain silent etc) the statement of guilt could not be used in evidence against me.
Got a letter back saying nice try, see you in court then never heard from them again.

Pat Vegas
03-21-2014, 12:58 PM

Peter
03-21-2014, 12:59 PM
They need 'honest guv, i didnt know abput these fings'

They decide whether it has legal clout or not.

Monty91
03-21-2014, 01:00 PM

Monty91
03-21-2014, 01:01 PM
My hope in this case is that the prosecutor doesn't know the law very well, because there is a precedent for people in my circumstances being convicted http://www.awimb.com/images/smiley_icons/ohwell.gif

Pokster
03-21-2014, 01:01 PM

:hehe:
03-21-2014, 01:02 PM

Monty91
03-21-2014, 01:03 PM
and there is no harm in reminding them of it, layperson or otherwise.

R.C. Celebrating the return of Trophies
03-21-2014, 01:03 PM
when cameras came on the scene.
It wasn't me driving, your picture doesn't prove it.
There wasn't a need for it before as the bizzies basically caught you in the act.

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:03 PM

Monty91
03-21-2014, 01:05 PM

:hehe:
03-21-2014, 01:05 PM
They do allow babies to be present during jail visits.

The Tony
03-21-2014, 01:07 PM

Luis Anaconda
03-21-2014, 01:18 PM

Pokster
03-21-2014, 01:19 PM

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:22 PM
Not sure the secondary charge would apply would it?

Monty91
03-21-2014, 01:23 PM

Brentwood
03-21-2014, 01:24 PM
My premium still went up because they determined that i was higher risk than i was before. Ridicules

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:27 PM
Given their liability I would have thought their insurance would deal with the whole thing, cushty.

The Tony
03-21-2014, 01:27 PM
If the prosecution are smart they should just do a deal with the lad now and save them the hassle of Monty in court.

Peter
03-21-2014, 01:29 PM
Do as you will. :-)

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:30 PM
Nobody wants to waste court time on trivial **** like this.

Peter
03-21-2014, 01:32 PM
You are f**ked unless you get on the awareness course.

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:33 PM
Utter guff.

Monty91
03-21-2014, 01:33 PM

Monty91
03-21-2014, 01:34 PM

Harry Balls
03-21-2014, 01:35 PM
:hehe:

Peter
03-21-2014, 01:35 PM
Ergo entirely his own fault that he didnt receive the notice.

Then tries to blame the neighbour. Pretty low :-)

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:35 PM
I got 2 points a few years back, insurance told me not a problem unless it goes over 4 as it shows you to be a repeat bad boy.

Any c**t can get 2 for doing 5-10 over the limit.

Peter
03-21-2014, 01:36 PM
You might get lucky though :-)

Monty91
03-21-2014, 01:36 PM
This explanation demonstrates that when I moved I did not just say "ahh, f**k it, if I miss post who cares" which is important.

They will want to see evidence of due dilligence.

Monty91
03-21-2014, 01:37 PM

Peter
03-21-2014, 01:37 PM
Other people i know just didnt tell them.

Ashberto
03-21-2014, 01:37 PM

Peter
03-21-2014, 01:38 PM

Monty91
03-21-2014, 01:39 PM
which in law is a defence.

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:39 PM
Insurance fraud if you will.

Double offence. Take them away.

Harry Balls
03-21-2014, 01:39 PM

Peter
03-21-2014, 01:39 PM
You ludicrously well organised c**t :hehe:

Monty91
03-21-2014, 01:40 PM

Peter
03-21-2014, 01:40 PM

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:41 PM
Your failure or choice not to register with Royal Mail is enough.

You did not register with RM, informed all parties you thought relevant but failed or forgot / did not know you had to inform whoever it was you didn't.

The whole neighbour thing is a bit Home & Away. Your writer background getting the better of you.

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:42 PM

Peter
03-21-2014, 01:43 PM
Or a defence.

The rest is just long and rambling mitigation with a neighbour chucked in for good measure. Reading it will piss them off, they will think 'who does this c**t think he is, this isnt 12 angry men for f**k's sake'

Then they throw the book at you.

Peter
03-21-2014, 01:44 PM

Peter
03-21-2014, 01:46 PM
It wasnt practicable to respond because you hadnt told them you had moved. The fact that prevented it from being your fault was your fault.

Guilty as charged, and a time waster to boot

Monty91
03-21-2014, 01:46 PM
who I am sure will have their own thoughts based ON ACTUAL FÚCKING LEGAL KNOWLEDGE AND EXPERIENCE!

****.

Steve Williams - gay for Mark Knopfler
03-21-2014, 01:47 PM
Check out The War on Drugs new album, you would like it.

Utter ****e.

Peter
03-21-2014, 01:49 PM
It is too long though. :-)

:hehe:
03-21-2014, 01:51 PM
:hehe:

Peter
03-21-2014, 01:51 PM

Monty91
03-21-2014, 01:52 PM
hold a trial for someone in my circumstances. Whether or not I should have paid for a royal mail forwarding service is just splitting hairs. It will probably come down to whether the prosecutor got laid the night before or not.

Monty91
03-21-2014, 01:54 PM
who have had similar experiences, or any lurking motoring expert lawyers.

Herbette Chapman - aged 15
03-21-2014, 01:56 PM
like a pretentious, big nosed twunt....oh.

Pokster
03-21-2014, 01:57 PM

Monty91
03-21-2014, 01:57 PM
Practicable is the precise wording of the legal clause relating to this offence. I doubt a prosecutor will be fazed by its use.

Pokster
03-21-2014, 02:01 PM

Ashberto
03-21-2014, 02:03 PM

:hehe:
03-21-2014, 02:03 PM
:hehe:

Brentwood
03-21-2014, 02:05 PM
the past 5 years which were somebody else's fault. I thought that if I lied and said no, i'd be uninsured if they looked into it

Camp Freddie
03-21-2014, 02:07 PM

Berni
03-21-2014, 02:10 PM
something similar imo.

Hendon Gooner (Only Easy Day Was Yesterday))
03-21-2014, 02:14 PM
http://forums.digitalspy.co.uk/showthread.php?t=330418

http://www.rac.co.uk/forum/showthread.php?9303-Speeding-Park ing-fines-and-V5-address (http://www.rac.co.uk/forum/showthread.php?9303-Speeding-Parking-fines-and-V5-address)

Steve Williams - gay for Mark Knopfler
03-21-2014, 02:16 PM
They don't ask that over here.

zimgunner
03-21-2014, 02:18 PM
From an ex-lawyer (but in the US, so things might be different over there) --

I don't have anything to add re. substance, but I would bear in mind that the magistrate or whoever will consider this sees hundreds of them a week probably.

Make it easy for him/her to navigate and digest -- so trim it down like others have suggested, and even consider breaking it into short numbered paragraphs, with headings.

Anything that makes his/her job easier will likely make him/her easier on you.

That is my 2 cents.

Red N White Army
03-21-2014, 02:19 PM

Herbette Chapman - aged 15
03-21-2014, 02:23 PM

Steve Williams - gay for Mark Knopfler
03-21-2014, 02:24 PM
`http://www.awimb.com/fudforum/index.php?t=tree&th=56283 5&mid=3851503&rid=173&S=f807fa6ccf4adb02228e4439 bca6f7e8&rev=&reveal= (http://www.awimb.com/`http://www.awimb.com/fudforum/index.php?t=tree&th=562835&mid=3851503&rid=173&S=f807fa6ccf4adb02228e4439bca6f7e8&rev=&reveal=)

:-|

Mc Gooner
03-21-2014, 02:32 PM

Peter
03-21-2014, 02:46 PM
Was just trying to politely point out that you are marking yourself down as a pompous know-it-all prick when there is no need-they may not even meet you.

And just for the record, i know i need to change the address of my car registration when i move house.

Even a thick c**t like me knows that :-)

Ears are alight
03-21-2014, 02:54 PM

Maz
03-21-2014, 02:56 PM

Red N White Army
03-21-2014, 02:56 PM

Peter
03-21-2014, 03:17 PM
And i got out of it. :-)

Plus you have a lawyer above also telling you to cut it down.

But i am sure you know best :bow:

Hendon Gooner (Only Easy Day Was Yesterday))
03-21-2014, 03:29 PM
Such a pity that keelhauling is no longer a punishment...

:hehe: