We pushed through the half-height saloon bar doors and stepped into the darkened room. The clink of glasses and chitter chatter of the folks rolled over the thick carpets and bounced against the soft wood of the skirting boards. There he was. Small of build, slight of limb and as skinny as a stick. Tiny dark eyes peered over thick-set heavy rimmed spectacles. Then he stood up. We walked through the deep pile of the carpet and stretched out a hand. Greetings exchanged, we settled down to the business of the day. A long time ago in a distant December a roadside camera declared: Snap Crackle and POP! and another car&driver fell into the maw of the mighty machine. A short while ago in a sleepy September We walked into a magistrates court. There was a(2) piece(s) of paper, a short talk, a question (or 10) and the whole matter was set aside. (Us 1-0 Them). Thingummy Constaburglary decided to do the thing again. There was (apparently) another Notice of Intention to Prosecute (NIP) and another reminder (allegedly) and (they say) another Summons. None of which We saw. Eventually, there was a Court Order. Well, Goodness Gracious Me!!! We cant have this. Once more, Dear Friends into the breach and in an Autumnal October we walked into the maw. Now then. It seems that too many folks have learned that if you make a statutory declaration that you did not recieve any of the necessary paperwork, they can and will set aside a prosecution for speeding. However, if you do it a second time they will set aside the second conviction and IMMEDIATELY serve a summons and IMMEDIATELY have another hearing for the allegation of speeding. However, We had a heads up. AND We also heard the clerk of the court utter that they did not have all necessary paperwork to hand so they had to wait for it to be faxed/delivered from another court. Here was Our chance. Now We could have proposed that the case be struck out due to lack of documents but, the case had not yet been called. Consequently, We interrupted proceedings and proposed that the case be re-scheduled. You see (apparently) under civil procedure rules no man/woman may be compelled to lose income because s/he is invited to attend court in a civil matter. We brought this to the attention of the court and proposed that the hearing be re-scheduled to another date. We had to say this a second time and were prepared to say it three times (Three is a magic number). The negotiations moved back and forth and the syllables bounced off the walls. Proposer and demurrer, offer and counter-offer and eventually a date for a new hearing was scheduled. Were We available? We will let you know. Even as We left, the maggy strate still called after us. Thanks. We said. Another day, another (future) set of: 1. A NIP, 2. A reminder, 3. A summons followed by a 4. A court order And We ride the Magic Roundaout one more time. Cost to the system? £,000s. Cost to us? Two cups of coffee and a visit to the circus. And another guy gets a little education. If he learns well, he will NEVER have another 1. Prosecution for speeding 2. Points on a license 3. £220+ in fines 4. Increases in insurance premiums or 5. A six month driving ban. Is it worth it? What do you think?
Posted on: Wed, 22 Oct 2014 15:53:27 +0000
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