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Statutory declaration for a speeding fine I did not commit? **WON**


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Hello

 

If anyone can help it would be great.

 

Long story short, I have received a letter in my post stating I owe £355 for a speeding offence. 

 

It was not me as I dont have a driving license and dont own a car.

I think this is related to my ex giving my name on the NIP when they ask you to write down who was driving.

Must have written my name so he could get away from it

now im having to deal with the problem when it has nothing to do with me.

 

I have a statutory declaration on the following wednesday for this and obviously I will say it wasnt me

how can i prove to them i was sitting at home on the day the offence occurred..

Actually I dont know what i was doing on the day as the offence is backdated from november 2017 and we are in 2019 now.

How will i be able to prove it wasnt me? 

 

I know they can check if I hold a driving license or if im a registered keeper on any vehicles which im not

how can i prove to them I wasnt commiting the crime?

 

If i say I was at home at the time will this be enough proof or will they not accept this?

 

Please help as I do not want to be charged for something I havent done.

If they ask me who i think it was all I can say is the registration number relates to my ex and it must have been him who commited the offence but thats all I know...

 

Thanks 

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Thank you for replying.

 

I have moved addresses about 4-5 times since 2017, up until now and the first time I found out anything about this offence was in august this year (2019).

 

It was a phone call I received which explaining to me that I have commited a speeding offence and they have been trying to get a hold of me. I couldnt remember exactly what date the lady over the phone had said

 

I called them last week to ask if they could tell me exactly what date and time the offence occured and the lady told me she cant discuss case related topics with me over the phone but all she can tell me is the offence occured 17th november 2017.

She didnt tell me a time for when it happened.

 

Thanks.

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Are you talking about my provisional driving license as that is all I hold and its invalid as it has expired and the reason I didnt update the driving license details is because I do not need to drive or have the intention to pass my licence any time soon so didnt really think about updating old address.

 

Yes they havent and also I do not know anything about any photographs as all i am aware is that I received a call stating I am £355 in debt due to a speeding offence in november 2017. No mention of any photographs. 

 

Statutory declaration coming up on wednesday

 

what will i say other than I do not hold a license to drive, own a car or even know how to drive a car?

 

Thanks

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Thanks for your reply..

 

1. Already mentioned this (29 August 2019)

2. Phone call to my new number (Not sure how they got my phone number) 

3. Cant remember exactly what they told me however I know its related to my ex's car being caught going over the speed limit.

4. I have not been convicted. 

5. I have not been convicted.

 

All I know is I have received a phone call from Cambridge magistrates Court informing me that I have been caught speeding with the car registration number and when I told them I dont know anything about this as i dont drive, they told me to attend a statutory declaration which will be for this wednesday.

 

The statutory declaration was originally for the 04/11/2019 however they had given me the wrong information as they told me it would be in my home city however they accidentally put me in a different city. Did tell them I wont be able to attend a different city as I dont drive or have money for transport 

 

They then told me thats fine we will rebook the statutory declaration and let you know when the next date is over email but i received no email from them.

 

I waited and waited up until 30/09/2019 when I received an email stating I did not attend the statutory declaration on 25/09/2019 however I did not even get an email telling me its booked in the first place.

 

I then received a letter from cambridge magistrates Court through post stating £355 will be taken out of my wages every week..

 

I contacted them again through email stating I will not be paying any money towards this as it has nothing to do with me and that I request them to give me a proper statutory declaration date as it was not fair on me why I should be paying for a ticket I did not commit.. they agreed to do a statutory declaration for this wednesday coming.

 

now I am in the position where I have a statutory declaration to attend but have no idea what it is or how to go about it..

Will I not have to provide them proof to show it wasnt me as I was lets say at home or at work?

How does it work please?

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Sorry I didnt reply back. 

I was busy stressing about this whole matter.

 

Today I have just done the statutory declaration and they asked me several questions.

 

1) You where supposed to attend within 21 days of being notified of the fine so why didnt you?

My reply to this was: I didnt receive any letters stating to attend court on these dates and I have changed address atleast 3 times so did not receive anything from them. I also told them i do not drive or hold a driving license other than my provisional which doesn't allow me to drive anyway. I was really nervous there and honestly couldnt get any words out.

 

Long story short..they agreed to proceed with my statutory declaration and now I have a jury trial case to attend on the 29th november which gives me 2 days to find any proof I can provide to show where i was on the day, what i was doing on the day etc etc. 

 

My question is..

What happens if i dont have any paper work to show for that day at the trial? 

 

Can I get a solicitor even though I have just done the statutory declaration without a solicitor?

I am really terrified of what has happened and I am very scared I am going to be charged at the trial for something my ex did and blamed it all on me.

Please help me with some advice.

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@honeybee13

Honestly I am trying to find something just something to show for proof but I dont have anything.

My bank card was not in use at the time..

I have tried calling my old work and they told me my shift pattern was sunday to wednesday not on the 17th (Friday)..

 

They have provided me a letter to show I was working Sunday to Wednesday and that i started employment with them in 2017 in my home town but thats all i have.

 

My phone number has been changed at least 3 times..

In 2017 i had my old bank account which i dont use anymore so i cant check any records for that..

I cant remember anything as it was over 2 years ago.

 

I know 100% for sure that i did not commit this offence and i do not even know how to drive a car so it couldnt possibly have been me.. But how am i meant to prove this to them?? 

 

Can they seriously put this all on me and blame this on me?

Im not guilty and i dont want to be paying for someone elses mistake..

 

Could you tell me what will happen at the trial?

Will my ex be there?

Or is this a trial only for me?

 

The statutory declaration was done today and it has proceeded to a trial which is in 2 days.

Why am i being framed for something i havent done and my ex is literally walking away from all this. 

 

Please help me.

I dont know who to ask for help. 

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Yes I have just been told this exact thing over the phone to magistrates court.

They said if you can prove to us it was not you who was driving then ex can end up in prison as well as the fine to pay. 

 

My problem is i dont have anything to show what i was doing on the day so what can i do?

 

Can they see me as guilty without any proof on their side?

I mean theres no cctv images and the car is not registered to me so surely they cant give me a fine for something i havent done?

 

As far as i am aware i have been charged for a speeding offence.

I have not been charged for failing to provide driver details as its not my vehicle.

This is a speeding charge only.

 

what can i do about this?

I know for certain my ex has perverted the course of justice as he has tried giving my name when it wasnt me. 

 

What do i have to do to defend myself at court on friday?

Honestly im behind on rent and only just managed to slowly pick myself up and sort my life out and here i am getting accused for this.

 

I do not have the money to fork out £1000 for a solicitor.

 

@honeybee13No i am just asking as i dont know how the trial works. 

What is the trial and what am i going to be asked or told there.

I have no idea.

 

 

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Thanks for the reply.

I know certainly 100% that there is no proof that I am driver of the vehicle.

Its not possible that I was the driver as I do not know how to drive.

I literally cannot drive a car so there is no proof that I was driving a car in kings lynn at 5.14pm on 17 november 2017.

 

Most definately they do not have any proof against me that I was driving so they cant possibly charge me for a speeding offence that i did not commit. 

 

I understand you now about the "failure to provide driver details".

I did not receive any notice or letters asking me to provide details of the drivers.

 

Maybe they sent the letter to my previous address which I do not live at any more for the past 2 years.

Then again, why would they ask me to provide details of the driver when its not my vehicle and I am not the registered keeper of the vehicle? That doesnt make sense...

I havent received any letter or notice asking me to provide any details of drivers.

 

When I turned up to my statutory declaration today and they read what they are charging me for..

It was for a speeding offence which occured on 17 november 2017 at 5.14pm kings lynn wellingham.

 

They said it was a fine of £355 now including a £600 charge (not sure what the £600 was for but im guessing this will be for court charges), I am looking at a fine of around £1000.

 

It is most definately for a speeding offence only as they believe I was driving a vehicle at a certain time and place and I was driving in excess of the speed limit. 

 

There is most definately no proof against me of driving the vehicle thats 100% certain.

 

How exactly can I interpret this to the court.

On friday at the hearing I am guessing all i can ask them is to provide me proof of ME driving the vehicle?

 

I am going to contact my bank in 2017 to ask them for a statement for november 2017 so I can hopefully find something on there to show I was not in kings lynn on the day.

 

Hopefully I can find this.

 

Thank you for your help.

 

Forgot to say, I was not served the evidence against me at the statutory declaration..

Maybe they will show this on friday at the trial?

 

Thanks.

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When you say contact the police or CPS, are you taking about the police in Peterborough (my hometown) or the police where the fine happened (kings Lynn).

 

I will get the evidence against me tomorrow by calling them hopefully and if not I will go there and ask for it as I dont see how they can possibly have anything against me for driving when I cant drive.

 

by what your saying..

I am wasting my time trying to find a proof to show what I was doing on the 17 November 2017 as I am meant to argue back with the court and ask for proof rather than provide them with all my information?

 

I need to stand my ground and argue back and explain why im innocent and ask for what proof they have against me for this offence.

 

As for calling the police to raise a complaint on my ex perverting the court of justice, I dont think they will bother to look into this as I did at one point call the police and explain my story to them and did mention my ex giving my name in for a speeding fine I did not do but they didnt seem to care over the phone.

 

Do I ring the police as in magistrates court or the none emergency number (101) or ??

 

 

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thank you,

I will give them a call tomorrow and ask for the evidence first either the same day or on Friday before the trial starts.

 

Can I just ask..

What happens if I ask them for proof of evidence I was driving and they say they do not have any?

(Which most likely is the case other than my ex's word saying it was me driving).

Other than this, there is no proof to show I am the driver because its literally impossible to be me.

 

I understand,

Honestly I just think this is really unfair as I cant afford a solicitor for this and I dont see why I should waste my time and money to sit at a court hearing that really I dont even know why the blame is being put on me.

 

I understand its not the courts fault as it was my ex who is putting me through this

but at the same time, the court could be a bit more helpful towards general people of the public surely.

 

Only solicitors have a good idea on how court hearing are and how they happen and im just a normal every day person and this is the first time I have ever gone to court for anything.

 

I literally am playing with fire here as I dont know where to start and what to do.

I will be very gutted if this is put on me and I have a fine of £1000 to pay for my ex's mistakes and see him walking away. Honestly I am gutted.

 

I guess they prosecuted and pinned the blame on me due to them trying to contact me through my different addresses and maybe they must have tried calling me over the phone but couldnt reach me due to my number changing and because there was a mess up of the first statutory declaration which was meant to be in Peterborough but turned out it was in Huntingdon..

 

maybe because of all this, they prosecuted me for it and blamed it all on me as they didnt hear back from me.

While all my ex has done is sent a letter off stating it was me yet I dont even have a licence to drive! :(

Honestly I hope hell comes to him some day.

 

Thank you very much for all your help, I dont know who you are but thank you for taking your time out and helping me with this. 

 

1 last question I would like to know..

Would it be a better idea to find a solicitor to deal with this as I have a feeling I will go back on friday to the trial and freeze there with my nerves in my mouth.

 

Is it even possible to get a solicitor now even when I have done the statutory declaration or is it too late?

Can I get a on duty solicitor before my trial and explain everything to them instead and let them deal with it?

Will they charge me for this and if I am found not guilty then will all charges including solicitor fees be cancelled from me and put on lets say my ex or the court will pay for them? 

 

or

 

Will I still have to pay for the solicitor fees and court fees regardless if I win or loose the case?

I am innocent but when it comes face to face, I really have no clue where to start and what to say. 

 

This is exactly the problem I am having.

 

It was two years ago and I seriously have no clue what I was doing on that specific date, I know for sure I was definately not in kings lynn speeding and getting myself into a speeding fine thats 100% certain.

 

Its really not fair that I am having to pay £355 + £600 for something I havent done.

 

Honestly its sickening and what the worst thing about it is..

 

I cant even afford a solicitor and I cant really stand my own ground as I really do not know what to do 

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Erm guys.. Is there any reason why they have already started charging me court fines through my wages?

 

I have been charged today £1.75 from my wages of around £60.

Didnt do enough hours this week thats why its low.

 

Why have they started charging me already when the trial is on tomorrow?

 

Thanks.

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Regarding all of this I have today spoken to magistrates court face to face as I wanted to go and ask for the evidence as well as for an interpreter. They agreed on the interpreter and the evidence can be seen before the proceedings tomorrow if there is any evidence to show. 

 

Now, this is where it gets interesting... The guy asked me what exactly I am getting charged for and I told them its for speeding which he then asked me so are you telling me you received the NIP from police asking you to confirm the driver? I said no I havent received this and I did not fill anything in to send off... They then said well thats weird because this case, you should be getting charged for both, speeding as well as not identifying the driver so the question now is.. Who has received my NIP letter and who has filled in the letter and sent it off declaring they are me and that im guilty of speeding?

 

He also said, that he cant say for certain but he is assuming that my ex boyfriend wrote my name on his NIP and instead of writting my new address (Which he doesnt know) or declaring that he doesnt know my new address.. He has tried to be smart and written my old address when I lived with him. Therefore, the letter has came to him and he opened it and filled everything in declaring that im guilty! Which really, this is perverting the course of justice and should be taken seriously. 

 

How can they only charge me for speeding and not charging me for not declaring the driver of the vehicle? I havent had the chance to declare who i think the driver was and I didnt receive any letters asking me to declare this..

 

Also, seeing as they are only charging me for SPEEDING, they need to prove that on 17th November 2017, i was in the car driving the vehicle or that I took his car keys from him and took his car out without his consent which I did not as I was not living or talking with my ex boyfriend since 2016 therefore I do not know anything about it. He has basically tried to make me look like as if I am the guilty one however I did not commit this offence as I cant drive. 

 

Sounds like an easy case to solve as long as my mouth opens and my nerves dont kick in front of everyone thats there! I really hope I sort this as I dont want to be paying for someone elses mistakes! £1000, I barely have the money to sort my rent out let alone this to pay!

 

I hope that has cleared it now what im being charged for which really does not add up at all.

 

Thank you.

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2 hours ago, noomill060 said:

I would not like to be in your ex's shoes when the Police come looking for him. Dropping you in it like this is despicable.

 

Yes if he gets caught then yes but he seems to have played this so cleverly that really, I think the case will most likely be dropped as I dont think there is any evidence of either of us driving the vehicle.

 

Thanks.

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So its definately true that there should have been a failure to identify driver offence as well as the speeding offence however its only a speeding offence here which doesnt add up as I havent received an NIP to have the chance to explain who I think was the driver of the vehicle. So question is, who has received the letter in my name and why did they plead me as guilty and send it off?

 

I am definitely going to go in tomorrow morning for my hearing and the first thing I am going to ask for is to see the evidence they have got against me as I want to see when they received my NIP and why they have received a document I did not write. Surely they are meant to charge me for a failing to identify driver offence as well as speeding so something is definately wrong.

 

I do hope they let me see the evidence before the hearing starts because I really need to see that evidence!

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Yes i realise this but what i meant was that in my view i havent been able to provide driver details therefore how am i not being charged for a failure to provide driver details offence but obviously its because they seem to have proof of me providing my NIP to them which I need to go and see as I havent provided anything to say I know the driver due to not receiving the NIP in the first place. Therefore somebody could have possibly tried to declare they are me.

 

Will I be able to show the evidence to a friend of mine as he is going to know about this a lot better and understand it better than me.. English is not my first language and its hard for me to understand it especially when im going to be there with nerves kicking in and wont know what to say therefore I would like to be able to show someone the evidence so they can see whats happened... Any chance of this?

 

Does anyone have a picture or something I can look at so I know exactly what document I am looking for as I have no idea what it is mean t to look like..

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Hello

 

Good news and I honestly couldnt have done it without you guys! Got there asked for my interpretor who really really helped me with the case and explained everything to me properly.

 

The judge started by asking the prosecuter what happened and the prosecuter pretty much told them everything stating facts that i do not drive and made no contact with my ex in 3 years.

 

The court asked 1 question only and that was "Why was there no statutory declaration made within 21 days of the offence reaching the defendant?"

 

In which the prosecutor stated that no emails where received due to an address change and a NIP was not received to the defendant.

 

I then asked my interpretor if he could ask the judges for the case evidence which they showed.

 

1) The picture of the car was blurry and it was only from behind so the registration could be seen but nothing else. At the front, you could only see the front bumper of the car.

 

2) They then showed me the NIP which was meant to be received at my address however it was sent to old address (whsre i was living with my ex 3 years ago) and the prosecutor asked me to confirm the signature was mine.. Obviously, I said no this is not mine and i did not fill this document in.

 

The interpretator told me he had seen the evidence sheet from the prosecutor and it was literally blank. Nothing on it at all so no evidence that it was me.

 

Pretty much from there the judges realised that this was a case of perverting the course of justice and they have now set up a court trial which i need to attend in febuary.

 

Before leaving the room.. The judge said "I cant promise you will win however I can assure you, it definately will not take long to sort this out".

 

So pretty much they already know exactly whats happened and they told me that when I am at the court trial in febuary, I need to bring a signature from lets say my passport so they can cross reference this to the signature on the NIP.

 

Ones I have won the case, I will be filling against him for perverting the course of justice as well as claim any lost monies back.

 

Thank you so much for all your guidance.  Its people like you guys who do good for this world. :)

 

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  • 2 months later...

Hello guys,

 

Back to reviving this thread again and asking for your help ones again guys.

 

it has gone to a court trial which is on Monday 03/02/2020 and at the last court hearing I was told to bring 

1) Proof of passport signature - (This will show the signature on the NIP is not my signature which is different to the signature on my passport).

2) My online driving licence check which shows any points I have and what licence I hold. 

 

However, I today have received a letter stated "NOTICE TO DEFENDANT: PROOF BY WRITTEN STATEMENT" and there is a lot of statement evidence papers with it.

 

On the paper it says "the prosecutor wants to introduce this evidence in writing, instead of the witness giving the evidence in person.

 

How to reply to this notice:

 

If you do NOT want the prosecutor to introduce the evidence of these witnesses in writing, you must 

1) List the witness you want to give evidence in person

2) send me the list not more than 7 days after this notice is served on you

3) Be prepared to explain to the court what issue in the case makes it necessary for the witness to give evidence in person".

 

Can someone please tell me what exactly this means because I just read this and was lost in what they are asking from me...? I have read the evidence and would like to ask questions such as why my ex boyfriend has given my name on the NIP and an old address where he still currently lives and where I used to live but have not lived in the last 3 years as I broke up with him 3 years ago.

 

Something else I would like to ask is why the statements where filled in by him as the hand writing belongs to him therefore he has faked my signature on the NIP and put me down as guilty for speeding yet I dont know how to drive a car!

 

Especially as he is driving illegally with a banned licence therefore thought he could be clever by putting my name down instead of his for his mischievous mistakes!

 

If I am right, is this letter asking me if I agree with the statements/evidence and if I do not agree with them then I can write the evidence/statement and explain what my issue is with them and at the court trial the statement will be giving by person instead of writing?

 

Sorry to revive an old thread im loosing my head over this.

 

Thanks.

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Hello,

 

If anyone can help me it would be great.

 

My friend received a speeding offence which was long story short her ex boyfriend speeding and trying to pin the blame on her.

A bit stupid as she has not seen him in past 3 years but he got himself a speeding fine and passed the blame on to her.

 

Instead of writing her new address or saying he doesnt know the address, he played it clever by giving his own address (her OLD address) so that the NIP arrives there and he fills it in impersonating as her (Including a fake signature). She only realised when the court started charging her on her wage slips and she had no clue about it and when she called the court up they told her everything and she did a statement to say it wasnt her driving and she had no idea what was going on.

 

There was a court hearing and at the court hearing it was found the statement was not written by her and it couldnt possibly been her as she cant drive a car any way and doesnt hold a full uk licence to drive as well. It has now gone to a court TRIAL and we have no idea what this is and who is going to be there. Is her ex boyfriend going to be there as she may just kill him there and then (pun intended) haha.

 

So it has gone to a court trial which is on Monday 03/02/2020 and at the last court hearing she was told to bring 

1) Proof of passport signature - (This will show the signature on the NIP is not her signature which is different to the signature on her passport).

2) her online driving licence check which shows any points she has and what licence she holds. 

 

However, she today has received a letter stated "NOTICE TO DEFENDANT: PROOF BY WRITTEN STATEMENT" and there is a lot of statement evidence papers with it. On the paper it says "the prosecutor wants to introduce this evidence in writing, instead of the witness giving the evidence in person. How to reply to this notice:

 

If you do NOT want the prosecutor to introduce the evidence of these witnesses in writing, you must 

1) List the witness you want to give evidence in person

2) send me the list not more than 7 days after this notice is served on you

3) Be prepared to explain to the court what issue in the case makes it necessary for the witness to give evidence in person".

 

Can someone please tell me what exactly this means because we just read this and where lost in what they are asking from her...? She has read the evidence and would like to ask questions such as why her ex boyfriend has given her name on the NIP and an old address where he still currently lives and where she used to live but has not lived in the last 3 years as she broke up with him 3 years ago.

 

Something else she would like to ask is why the statements where filled in by him as the hand writing belongs to him therefore he has faked her signature on the NIP and put her down as guilty for speeding yet she dont know how to drive a car! Especially as he is driving illegally with a banned licence therefore thought he could be clever by putting her name down instead of his for his mischievous mistakes!

 

Any heads up on the court trial?

 

Thanks

 

 

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Thanks for the reply,

 

Yes the request for information is 1 and also in the statements there is an email conversation using a fake email account which does not belong to me and I did not create it stating that "I have lost my driving licence and going to poland and that they can keep a copy of my passport if they need to use it.

 

I think when he sent of the request for information, they replied back with a conditional offer of educational course and fee instead of the points. As he gave my name, he didnt have the driving licence number to give therefore they could not submit the admission for a educational course and then he tried to be more clever and created a fake email account impersonating as me so he could tell them over email that "I lost my driving licence and im going to poland and they can keep a picture copy of my passport to use (Seems like he has my OLD passport and is trying to use my documents)

 

I would like to know why he is trying to impersonate me and if he is not there on the day how would I do that?

 

Also the letter was received to me on 29/01/2020 but I received it 31/01/2020 which really only gives mes 2 days to send it back to the court who wont receive it any way ?

 

So what do I do? :(

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I see understood now. Im guessing I dont need to fill the list in and return it then as my job is to basically prove it wasnt me that is all. 

 

And how would I be able to claim for any loses by any chance? E.g. being off work now for 3 days because of having to deal with this situation.. Any way to claim losses?

 

Thanks.

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7 hours ago, dx100uk said:

I would think the prosecution in his imminent case would be very pleased to get those cost back for you when he is convicted :lol:

 

So when would I mention the losses to them? After the case is closed or before or at the reception? Sorry I dont know much, just trying to deal with this stupid twa*.

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  • 2 weeks later...

Hello,

 

Yes sorry I forgot to update this...

Great news is that I won the case and my ex will be getting done for "perverting the court of justice" so hes most probably looking at jail time.

 

God was the prosecutor pushy at the trial trying to accuse me of driving and trying to tongue twist all my words!

They tried to make me look like it was my fault!

They started asking me, you met him in 2017 took his car from him,

i told him no I left him in 2016 how could I possibly meet him again in 2017! 

 

Then he tried to accuse me by saying the signature on my passport is different to my driving license which is different to the statement. I had to tell them the signature on my passport which is from Poland was done by me when I was 14-15 years old and had no clue what I was doing and the one on my licence is recent which is still very similar to the passport.

 

My current boyfriend got told off as he was sitting there thinking this is ridiculous, instead of getting the guy who commited the crime they where trying to blame it on me so he was sitting there laughing at how pathetic the entire trial was and instead decided to go outside and wait for me there.

 

As for me, I got bombarded with a whole ton of questions which quite frankly I got fed up of bothering to answer and went outside to see my boyfriend and look for some comfort.

 

They then told me to come back inside and the judge gave his plead and said not guilty due to the signature on the statement looking like it was faked and then said "I am now going to make sure I go through every single document of your ex boyfriends, passport, driving licence, address changes etc etc etc". 

 

Thats when I sat there and thought well it was all worth it because his driving licence is banned and hes driving illegally.

Hes an immigrant and has his name changed etc therefore his passport is doubtly genuine and hes the owner of an off licence grocery shop who sells under the counter cigerattes! So seriously, Good luck to him getting his way out of this one! :)

 

As for me I am going to work and paying my bills, unfortunately they are not able to reimburse me for the wages which I think is quite unfair because they are going to charge HIM court fees etc therefore why couldnt they just add my 3 days worth of wages onto his bill and make him pay for that too but oh well it is what it is.

 

Couldnt have done it without you guys so thank you very much for all your support :)

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