PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Court Summons
rhyspw
post Fri, 11 Mar 2011 - 16:37
Post #1


New Member


Group: Members
Posts: 9
Joined: 19 Dec 2010
Member No.: 42,977



Hi all,

Please can you help with this? I have received a court summons for to appear in court on at the end of the month for a speeding offence in 25/6/2010 - 48 in a 40. I didn’t reply to the first letter I received of intended prosecution and I didn’t get a reminder so I thought that this had gone away. I don’t know what to do as I have 6 points already (2 really unlucky incidents) and the letter says I will get 3 for the offence and 3 for not replying - therefore with 12 points I will be banned. I think I was driving at the time as the offence took place in Bristol but my car is registered in Lancashire.

What do I do ? Do you want/need to see the letter?

Thanks

Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Fri, 11 Mar 2011 - 16:37
Post #


Advertise here!









Go to the top of the page
 
Quote Post
peterguk
post Fri, 11 Mar 2011 - 16:46
Post #2


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



Are you sure the summons is only for speeding? Since you never replied to the S.172, they don't know who was speeding.

It is more usual to include the charge of "failing to furnish", which carries 6 points , not 3, and hefty fine. If so, with no defence, you're looking at a 6 month totting ban since you'll have reached 12 points.

What are your two 3 point offence dates?

This post has been edited by peterguk: Fri, 11 Mar 2011 - 16:47


--------------------
Go to the top of the page
 
+Quote Post
rhyspw
post Fri, 11 Mar 2011 - 17:24
Post #3


New Member


Group: Members
Posts: 9
Joined: 19 Dec 2010
Member No.: 42,977



Hi thanks for the reply. My two other offences were November 2010 - Policman with a gun and pulled me over 58 in a 50 i think. The previous one was in November 2009 for doing 89 on the motorway.

The offences on the summons are attached.

Help....!
Attached File(s)
Attached File  summons.pdf ( 315.5K ) Number of downloads: 100
 
Go to the top of the page
 
+Quote Post
Logician
post Fri, 11 Mar 2011 - 17:42
Post #4


Member


Group: Members
Posts: 12,381
Joined: 28 Mar 2010
Member No.: 36,528



Yes, the first offence on the summons is for not replying, the s172 offence, which carries 6 points. The second is the speeding, but without your information on who was driving they will not be able to prove that. Your best course of action is to attend early on the day, ask the court usher to point out the CPS prosecutor who will be dealing with traffic matters and have a conversation with them. Offer to plead guilty to the speeding if they will drop the s172. Most if not all will agree to this as they seem now to regard these almost as alternative charges. You are likely to get 3 points for the speeding, leaving you on 9 and hopefully driving like a nervous nun. If you cannot get to court, try phoning the CPS, some people seem to have agreed this over the phone.

These things do not go away, it is foolish not to reply. You might well have been offered a Speed Awareness Course and got no points at all.

This post has been edited by Logician: Fri, 11 Mar 2011 - 17:43


--------------------



Go to the top of the page
 
+Quote Post
Aretnap
post Fri, 11 Mar 2011 - 19:51
Post #5


Member


Group: Members
Posts: 3,293
Joined: 27 Aug 2010
Member No.: 40,109



While most police forces will send a reminder if you haven't replied after a few weeks, they are under no obligation to do so, and as you didn't reply to the first NIP you are guilty of the s172 offence (6 points and a fine of about one and a half weeks take home pay). Your best hope is therefore to plea bargain as Logician says so you're only convicted of speeding (3 points and half a week's pay). Do not plead guilty to speeding without agreeing this with the CPS first - you could end up convicted of both offences.

If someone in a pub told you that ignoring it was a good idea, he owes you an apology and quite a few pints. Sadly it seems there are still people who think the police will forget about these things.

This post has been edited by Aretnap: Fri, 11 Mar 2011 - 22:02
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 11 Mar 2011 - 20:30
Post #6


Member


Group: Members
Posts: 43,660
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (rhyspw @ Fri, 11 Mar 2011 - 16:37) *
2 really unlucky incidents

Given your 'success' with this incident I would suggest you appear to make your own (bad) luck.

As above, your best bet is to speak to the CPS prosecuter and see if they will drop the S172 for a guilty plea to the S172 (which they normally will).

Simon


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
BaggieBoy
post Fri, 11 Mar 2011 - 20:56
Post #7


Member


Group: Members
Posts: 6,395
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183



QUOTE (The Rookie @ Fri, 11 Mar 2011 - 20:30) *
As above, your best bet is to speak to the CPS prosecuter and see if they will drop the S172 for a guilty plea to the speeding (which they normally will).

Fixed that for you.
Go to the top of the page
 
+Quote Post
Pancras
post Fri, 11 Mar 2011 - 22:40
Post #8


Member


Group: Members
Posts: 876
Joined: 30 Jul 2010
Member No.: 39,393



What on earth made you not reply to the s.172 request? 48 in a 40 would generally result in a Speed Awareness Course being offered, meaning you would have got no points at all.

As it stands, you are fairly and squarely guilty of Failing to Furnish driver details, which will mean 6 points added to your licence making you liable to a 'totting' 6 month disqualification.

The very best you can do is speak to the prosecutor on the day, and ask if they will allow you to plead guilty to the less serious speeding charge, in return for dropping the s.172 offence.

If they won't you need to start thinking about Exceptional Hardship reasons not to disqualify you.

Whoever told you to ignore the s.172 letter in the hope it would all go away has badly advised you, leaving you with the worst possible potential outcome (a six month ban) when you could have had the best (no points at all).
Go to the top of the page
 
+Quote Post
The Rookie
post Sat, 12 Mar 2011 - 19:54
Post #9


Member


Group: Members
Posts: 43,660
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (BaggieBoy @ Fri, 11 Mar 2011 - 20:56) *
QUOTE (The Rookie @ Fri, 11 Mar 2011 - 20:30) *
As above, your best bet is to speak to the CPS prosecuter and see if they will drop the S172 for a guilty plea to the speeding (which they normally will).

Fixed that for you.

Thanks BB, was a long day!


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Monday, 20th January 2020 - 06:29
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.