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Police Mistake over Data Protection Act, Now ended up with summons!
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post Sat, 14 Apr 2012 - 19:04
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Hi my mother has today received a court summons for a speeding - 59mph in a 50mph zone on a motorway last year on 09/10/11 we thought it had gone away as prior to this she had received a letter from West Yorkshire Police offering her a speed awareness course however in the letter they misquoted the year of the data protection act as 1988 as opposed to 1998, she dropped them a polite letter to inform them and request that they remove her details from the system. They replied just saying that they had got the letter and that the contents of which had been ‘noted’. As my mother did not wish to attend a speed awareness course she has now ended up with the summons. My question is, is there any defence with the misquoted letter in court? And/or timescales as the letter of summons was received over 6 months from the date of offence. She just wants to plead guilty by post but I feel bad becuase I suggested she ride it out. sad.gif
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post Sat, 14 Apr 2012 - 19:04
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xreyuk
post Sat, 14 Apr 2012 - 19:06
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Have they not offered her 3 points and a fixed penalty?

Are you sure the summons is not for a S172 and failing to provide driver information?

The reason I ask, is that she wouldn't be offered a speed awareness course if she was speeding fast enough for the matter to go straight to court, and not get a COFP.

This post has been edited by xreyuk: Sat, 14 Apr 2012 - 19:06
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post Sat, 14 Apr 2012 - 19:08
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QUOTE (xreyuk @ Sat, 14 Apr 2012 - 20:06) *
Have they not offered her 3 points and a fixed penalty?

Are you sure the summons is not for a S172 and failing to provide driver information?

The reason I ask, is that she wouldn't be offered a speed awareness course if she was speeding fast enough for the matter to go straight to court, and not get a COFP.



Yes she was offered a Fixed penalty but I advised her not to take it! She replied with the drivers details on first instance of NIP.
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xreyuk
post Sat, 14 Apr 2012 - 19:09
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Why did you advise her not to take it?

By going to court, she will more than likely receive the 3 points, and will receive a larger fine. Unless, the summons has been issued outside of the 6 months, and they haven't made enough effort to get it to you within the 6 months (i.e posted it second class with 2 days before the 6 month deadline).

I can't be certain though, not every experience in this.

This post has been edited by xreyuk: Sat, 14 Apr 2012 - 19:11
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post Sat, 14 Apr 2012 - 19:13
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QUOTE (xreyuk @ Sat, 14 Apr 2012 - 20:09) *
Why did you advise her not to take it?

By going to court, she will more than likely receive the 3 points, and will receive a larger fine.


Yes I know it was bad advise. I think she is going to plead guilty and we are trying to come up with mitigation for the court.
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Rallyman72
post Sat, 14 Apr 2012 - 19:14
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The summons does not have, in England, to be delivered within 6 months. All they have to do is lay an information at court within 6 months of the offence. The summons can then follow in due time. For this to be in time the information would need to have been laid on or before 9th April, the summons can be 2 or 3 months after that in some cases so it rather looks as if they are in time.


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post Sat, 14 Apr 2012 - 19:15
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QUOTE (Rallyman72 @ Sat, 14 Apr 2012 - 20:14) *
The summons does not have, in England, to be delivered within 6 months. All they have to do is lay an information at court within 6 months of the offence. The summons can then follow in due time. For this to be in time the information would need to have been laid on or before 9th April, the summons can be 2 or 3 months after that in some cases so it rather looks as if they are in time.


Thanks for the info, any ideas on what to say in the Mitigation statement?
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Kickaha
post Sat, 14 Apr 2012 - 19:40
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A timeline of events would be useful here.

When was the fixed penalty offered?
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post Sat, 14 Apr 2012 - 19:45
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QUOTE (Kickaha @ Sat, 14 Apr 2012 - 20:40) *
A timeline of events would be useful here.

When was the fixed penalty offered?


Alleged Offence: 09/10/2011
NIP issued: 13/10/2011
Offer of Speed Awareness Course 20/10/2011
Offer of Fixed Penalty 12/12/2011
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Logician
post Sat, 14 Apr 2012 - 20:59
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QUOTE (hotshot @ Sat, 14 Apr 2012 - 20:15) *
Thanks for the info, any ideas on what to say in the Mitigation statement?


I am sorry to be wasting the court's time, I would have accepted the offer of a speed awareness course originally made to me, but unfortunately I listened to the absurd advice that an error in the date of the Data Protection Act in the offer letter might invalidate the whole matter. Following this I received the offer of an FPN, which I did not take up because of advice that it might all go away if I ignored it. I do ask the court to be lenient following the recent tragic event in my family when I beat my son to death with my handbag.


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ict_guy
post Sat, 14 Apr 2012 - 22:30
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QUOTE (Logician @ Sat, 14 Apr 2012 - 21:59) *
QUOTE (hotshot @ Sat, 14 Apr 2012 - 20:15) *
Thanks for the info, any ideas on what to say in the Mitigation statement?


I am sorry to be wasting the court's time, I would have accepted the offer of a speed awareness course originally made to me, but unfortunately I listened to the absurd advice that an error in the date of the Data Protection Act in the offer letter might invalidate the whole matter. Following this I received the offer of an FPN, which I did not take up because of advice that it might all go away if I ignored it. I do ask the court to be lenient following the recent tragic event in my family when I beat my son to death with my handbag.


+1 Sounds perfect to me! biggrin.gif
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baggins1234
post Sun, 15 Apr 2012 - 09:03
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QUOTE (ict_guy @ Sat, 14 Apr 2012 - 23:30) *
QUOTE (Logician @ Sat, 14 Apr 2012 - 21:59) *
QUOTE (hotshot @ Sat, 14 Apr 2012 - 20:15) *
Thanks for the info, any ideas on what to say in the Mitigation statement?


I am sorry to be wasting the court's time, I would have accepted the offer of a speed awareness course originally made to me, but unfortunately I listened to the absurd advice that an error in the date of the Data Protection Act in the offer letter might invalidate the whole matter. Following this I received the offer of an FPN, which I did not take up because of advice that it might all go away if I ignored it. I do ask the court to be lenient following the recent tragic event in my family when I beat my son to death with my handbag.


+1 Sounds perfect to me! biggrin.gif


Ditto
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