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PACE submitted; Summonsed for S172, Surrey
shamblha
post Wed, 15 Nov 2006 - 11:32
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I too have recieved a Summons and don't really know what to do now.

HELP , the situation so far if that I recieved a NIT on 16.5.06 for speeding in 40 MPH area doing 50MPH.

As I was the driver I completed a PACE form as suggested with the wording 'Please see attached' writen on their NIT and I sent both forms off by recorded delivery (kept reciept), they received this on 19.6.06, according to their date stamp.

I got another letter, similar to Voodoo's e.g. stating 'Judge Wilkie decided that it was reasonable...' which I ignored as suggested.

I have now recieved a Summons dated 3.11.06 to appear in court on 1.12.06.

I now have to send my plea. Do I plead guilt to the offence, which I don't think I am, as it says on the summons it is a failure to give information about the driver e.g.

'You being the keeper of a vehicle ***...
...The driver of which was alleged to have been guilty of an offence uder section S84 RTRA 84 SCH2 RTOA 88 and local order failed to give such information as to the identity of the driver as you were required to give by or on behalf of the chief officer of police for surrey. Contrary to section 172(3) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988 as amended by the road traffic act 1991'.

What do I do now?
Am I guilty of failure to supply info?
If I do, how do I send a not guilty pleas?
Do I need a solicator or can I defend myself?
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post Wed, 15 Nov 2006 - 11:32
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flashman
post Wed, 15 Nov 2006 - 12:44
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QUOTE (shamblha @ Wed, 15 Nov 2006 - 11:32) *
I too have recieved a Summons and don't really know what to do now.

HELP , the situation so far if that I recieved a NIT on 16.5.06 for speeding in 40 MPH area doing 50MPH.

As I was the driver I completed a PACE form as suggested with the wording 'Please see attached' writen on their NIT and I sent both forms off by recorded delivery (kept reciept), they received this on 19.6.06, according to their date stamp.

I got another letter, similar to Voodoo's e.g. stating 'Judge Wilkie decided that it was reasonable...' which I ignored as suggested.

I have now recieved a Summons dated 3.11.06 to appear in court on 1.12.06.

I now have to send my plea. Do I plead guilt to the offence, which I don't think I am, as it says on the summons it is a failure to give information about the driver e.g.

'You being the keeper of a vehicle ***...
...The driver of which was alleged to have been guilty of an offence uder section S84 RTRA 84 SCH2 RTOA 88 and local order failed to give such information as to the identity of the driver as you were required to give by or on behalf of the chief officer of police for surrey. Contrary to section 172(3) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988 as amended by the road traffic act 1991'.

What do I do now?
Am I guilty of failure to supply info?
If I do, how do I send a not guilty pleas?
Do I need a solicator or can I defend myself?

You should really start your own thread and not hi-jack Voodoo's.

You appear not to have been summonsed for the speeding offence and this is now safely 'out of time'. You are not guilty of failure to supply (DPP v Jones) and you should therefore plead not guilty. Defending this should be straightforward enough and you won't need a solicitor, only the info on this site. Frankly, i'm amazed that Surrey -one of the more sophisticated SCPs- have been so stupid as to issue a summons solely for s172 having received a PACE letter.


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shamblha
post Wed, 15 Nov 2006 - 18:57
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Hi Flashman,

My apologise to Voodoo for the Hi-jack, as a first time user I wasn't aware of the protocol.


Thank you for the info. You have been very reassuring and I really appreciate the quick response.

Wish you luck Voodoo.

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Regards
shamblha
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