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wrong info on summons
jvin32
post Mon, 17 Apr 2006 - 10:19
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I was wondering if there was anyone who could advise me of a recent summons I recieved.
The summons said the incident happened on the 06.02.06, when actually it happened on the 03.02.06.
Also the statement by the officer who had stopped me, claimed the incident happened on the 05.01.06, yes thats right, a whole 4 weeks before, I didn't even own the car then.
Although I was driving a car whilst my licence had been revoked by D.V.L.A, for medical reasons, I was just weeks away from getting it back, and I know I was very stupid to risk driving in the first place, but we had just bought the car,
and I was out looking for work.( I am a self employed plasterer, and work is very quite at the moment and I have 3 children to support,) but nether the less, I am aware I broke the law.
Also on the statement made by the p.c, he claimed that he had stopped me at 13:25, but then went on to say that he had cautioned me at 12:40, as you can see neither the times of the dates are right.
My court date is in 10 days time, and to be honest, I was selfishly hoping that I would maybe not get a ban.

I was hoping that someone out there had some advise as to what I should do now? Many thanks smile.gif
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post Mon, 17 Apr 2006 - 10:19
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ahxcjb
post Mon, 17 Apr 2006 - 12:25
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What offence have you actually been charged with? If it's driving whilst disqualified (ie, your licence has been revoked), then whilst I can sympathise with you (I myself am in day 35 of my ban of 49!), then you'll be lucky to avoid prison - let alone a ban.

Sorry mate, but you need to consult a solicitor who specialises in traffic law immediately.

Why did you get stopped out of interest?

This post has been edited by ahxcjb: Mon, 17 Apr 2006 - 12:26
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jvin32
post Mon, 17 Apr 2006 - 16:36
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Thank you for your response! Firstly I must stress I am not on a ban, D.V.L.A. words not mine, it was revoked for medical reasons, reasons that I dont need to go into now.
I was stopped initially for a break light being out, and was very honest with the copper about my licence.
So I am being charged with no insurance and no licence. But the point I am trying to make is, surely there must be loopholes in this case because of the summons having the wrong date on it, and the coppers statement being so very wrong!!! I mean how can I plead guilty to driving a car on the 05.02.06, when I didn't even own the car then. Like I said, I know that I broke the law, no one is regretting that more than me, but why should this copper get away with making a complete hash of his statement.
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ahxcjb
post Mon, 17 Apr 2006 - 16:51
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This might be covered by the 'slip rule', however, i am not well enough briefed to comment on this. Hopefully someone else will be able to comment on this.

However, primae facie - if the date(s) are wrong on the charges listed on your summons, then you are NOT guilty of that offence. For the offence you've been charged with, i'd very seriously consider getting a solicitor to represent me.

Regarding your licence revokation - our cleaner at work went through a similar experience with her son. He drove without a licence (and no insurance..) and got 6 points and a £200 fine.
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fossn
post Tue, 18 Apr 2006 - 18:53
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QUOTE (jvin32 @ Mon, 17 Apr 2006 - 16:36) *
Thank you for your response! Firstly I must stress I am not on a ban, D.V.L.A. words not mine, it was revoked for medical reasons, reasons that I dont need to go into now.
I was stopped initially for a break light being out, and was very honest with the copper about my licence.
So I am being charged with no insurance and no licence. But the point I am trying to make is, surely there must be loopholes in this case because of the summons having the wrong date on it, and the coppers statement being so very wrong!!! I mean how can I plead guilty to driving a car on the 05.02.06, when I didn't even own the car then. Like I said, I know that I broke the law, no one is regretting that more than me, but why should this copper get away with making a complete hash of his statement.



Hi
I don't know the exact law on this but if it were me I'd plead not guilty to the offences and take proof. ie alibi or whatever to prove I didn't own the car or wasn't there at the time/date stated on the summons.
Don't explain anything else, just leave it to them to admit the summons is false.
Its then up to them to issue a correct summons in the future if they figure it out but don't volunteer any opinion/explanation other than it wasn't me.
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