.
btw
today i had a letter from the courts..."notice of NEW date of hearing"
it turns out that i was supposed to have received a summons but didn't
was then supposed to have received a case court hearing but didn't
so they found me guilty in my absence...
this letter today was to determine sentence... i.e how long a ban should be fore....
me... on the friggin phone.. courts, CPS, prosecutors office..
blahh blahh "you utter bastids" etc etc… blahh blahh etc etc
“OH dear” they say…” looks like 1 almighty cock up”
Hearing was scheduled for 30th dec.. now postponed till the 6th jan
Least I now have time to consult solicitor… but because of admin cock-up
The hole case may just be chucked out… we’ll see
regards
aj
AJ fwiw the letter you have is pretty standard fayre
The letter you have received,and your attendance is required because a ban is likely. You will also have received a income /expenditure form which the court uses to assess a fine should that be applicable. Then of course there are costs and the victim surcharge.
In terms of avoiding a ban, the only hope is if such action would have adverse effect.
This doesnt mean losing a job ironically, But say for example you were responsible for ferrying a disabled person to and from hospitals etc...That would be taken into account.
It is where the effect of a ban affects a third party whom is reliant
The fact you didn't receive a summons, and your pre trial review is at the moment quite interesting legally.
Courts have always deemed that the paperwork if sent was served, This was challenged recently and the presiding judges did relent that posting of a summons etc was not evidence it was received, although the CPS have lodged an appeal. If your solicitor isnt aware of this they are not on the ball, go to another.
In terms of the case being thrown out, Dont hold your breath. The courts allow the 'slip rule' which allows discrepencies in respect of times etc names spelt incorrectly etc.
Finally when you do turn up on the 6th I would suggest you address the court in terms of mitigation. Solicitors tend to have cliched excuses and reasons for their clients digressions the courts have heard a thousand times before. If you address the court show remorse etc etc etc ..It is often more favourable.
Good Luck
Channa