Lots of questions on a summons for speeding and processes, Speeding in Surrey LTI 20:20 Ultralyte 1000 |
Lots of questions on a summons for speeding and processes, Speeding in Surrey LTI 20:20 Ultralyte 1000 |
Thu, 5 Jul 2018 - 15:24
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#1
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Member Group: Members Posts: 75 Joined: 14 Mar 2017 From: bedfordshire Member No.: 90,851 |
Hi guys
I am looking for the answers to some questions about the processes used in issuing a court summons for speeding. This isn't mine it is my sons but even though it was accepted he was speeding I question some of the content. Now we realise he could lose his license I had noticed some things that make me feel uneasy. Offence is A30 London Road Staines/Ashford August 2017 exceeding 60 in a 30. Can anyone answer some of the points or advise on whether there is a defense. Statement by police officer was made on 26th January 2018 – 5 months after the offence (Signed on 30th January 2018) Mg4d postal requisition dated 30th January 2018 (Summons) this is within the 6 months but when was it actually logged in court as the Summons was posted to old address on 8th May 2018 I would like to know when the summons was actually requested as I believe that is the 6 month deadline. Also the case is end of July and it seems a very long time if it went into court in January. Officer statement does not contain information about their position on A30 or the extent of timings Only 2 photographs of evidence sent and one contains no information There is no signage restricting 30mph on that stretch of the A30 - PO says distance of lampposts signifies speed - less than 200 yards. Now I was taught metric so therefore my son was too and his test would have contained metric answers. I have asked a driving examiner and they discussed in the office and none of them use lampposts to determine speed when they teach or examine. The driver was on the opposite carriageway and was possibly entering a 40mph where there are signs, however the lampposts are still the same distance as the 30mph and 50mph zones. My argument is when the speed is changed in a road do they automatically move the lampposts to make sure drivers are aware Tongue in cheek I know they don't The A30 is variable speed in 3 parts but the lampposts are the same distance The road is a dual carriageway and runs for 2.5 miles as a dual carriageway both sides but PO has not given his position The police set up the laser to monitor traffic travelling towards staines the driver was travelling on opposite carriageway and concerned at the accuracy if the laser is swiftly moved 180 degrees to catch their car The laser was calibrated at 35 meters before operation set up at 11.42 attended staines road and set up monitoring the driver was photographed at 12:40:25 and the PO says at the conclusion of the checks at 12:42 the DVD was unloaded and sealed, however the checks are done in addlestone when he returns from end of duty!! so what speed was he doing to pack up equipment and get to addlestone in less than 2 minutes? It all looks total Bull to me and the driver may lose his license and his job. Anyone with any help and advice I am most grateful Thank you |
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Thu, 5 Jul 2018 - 15:24
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Sat, 28 Jul 2018 - 21:49
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#41
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Shame Surrey weren't called out on their shoddy processes but a good result for your son regardless.
Thank you for coming back to update us. |
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Sat, 28 Jul 2018 - 21:54
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#42
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Member Group: Members Posts: 75 Joined: 14 Mar 2017 From: bedfordshire Member No.: 90,851 |
My pleasure I also need to add the 3 Female magistrates did advise him that it deserved a disqualification but had read the statements and mine as his mother had asked them to consider 6 points as he already has 3 points and I felt it would act as a deterent
meaning he MUST not speed or jump lights for 3 years or he would be disqualified due to "Totting". It seems they agreed |
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Sat, 28 Jul 2018 - 21:56
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#43
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
Just out of interest, did you see any significance in the three magistrates being female?
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Sat, 28 Jul 2018 - 22:06
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#44
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Member Group: Members Posts: 75 Joined: 14 Mar 2017 From: bedfordshire Member No.: 90,851 |
Yes I did - I was happy to see them up there as I believe sometimes females are better at applying subjective and objective views than males. I'm not biased but I think our reasoning
(maybe due to being mothers) can be fairer or shall we say I think females apply equity appropriately. Sorry if you are a male judge but I believe women can do the jobs at the top just as well |
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Sat, 28 Jul 2018 - 22:09
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#45
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
It is possible that the whole "Mum and Dad helping" played better with female magistrates. All we can say is they erred from sentencing guidelines in favour of the OP's son - which is unusual in a 30mph limit.
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Sat, 28 Jul 2018 - 22:42
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#46
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Sorry if you are a male judge but I believe women can do the jobs at the top just as well I find the idea of a magistrate being “at the top” quite amusing. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 28 Jul 2018 - 23:03
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#47
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Perhaps he means top of the courtroom, height wise.
This post has been edited by notmeatloaf: Sat, 28 Jul 2018 - 23:03 |
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Sat, 28 Jul 2018 - 23:07
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#48
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Perhaps he means top of the courtroom, height wise. I think the OP is a she. Everyone knows the ushers run the courts. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 29 Jul 2018 - 00:02
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#49
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Member Group: Members Posts: 75 Joined: 14 Mar 2017 From: bedfordshire Member No.: 90,851 |
Yes I think it was the parent thing but it was all Mum and that's where I think the female takes in all circumstances and delivers a fair result. My son had had a dreadful 2017 losing his grandad and his father in law 6 days apart then his parents split after 30 years
and he had no real support and losing 3 main male figures did cause him much hardship. Not excusing speeding but this time I know the threat of court did it's job |
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Sun, 29 Jul 2018 - 13:17
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#50
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Sorry if you are a male judge but I believe women can do the jobs at the top just as well I find the idea of a magistrate being “at the top” quite amusing. So do I, I feel someone should let Lady Hale know. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 30 Jul 2018 - 10:32
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#51
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Member Group: Members Posts: 1,705 Joined: 20 May 2004 From: Lincolnshire Member No.: 1,224 |
Hi Guys I have spoken to the police officer and he denied putting anything in his statement about lampposts said the processing department must have but he signed it. Is it just me that winces at this line? How much of his statement is actually his and how much is a computer generated standard blurb? |
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Mon, 30 Jul 2018 - 13:29
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#52
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Hi Guys I have spoken to the police officer and he denied putting anything in his statement about lampposts said the processing department must have but he signed it. Is it just me that winces at this line? How much of his statement is actually his and how much is a computer generated standard blurb? Most police forces have pro-forma statements for speeding and the like. Even where they don't, officers will tend to keep a few templates around. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 30 Jul 2018 - 13:39
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#53
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Indeed. In fact when I worked in supermarkets the police supplied pro forma MG11 statements for shoplifting. Much easier than sending out a police officer to write effectively identical statements.
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