Help - Search - Members - Calendar
Full Version: Can anyone confirm the 6 months timeout?
FightBack Forums > Queries > Speeding and other Criminal Offences
JRS
Hi,

I've recieved my first court summons for an offence this week.

The offence was 50 in a 40. It was a dual carriage way, and I was lulled into thinking 60 was the limit. Simply a case of not paying attention. Got flashed by the Gatso, then the NIP arrived 14 days later. I actually recieved the court summons about 7 months later - does this mean that I can write and have it dismissed?

I decided to go to court to try and put across my case - the points I wanted to make were:
  • The 40 signs are very small and hard to see.
  • It was night and the glare of the other drivers headlights further serve to obscure the signs.
  • The glare of the overhead carriage way lighting does the same.
  • Some of the signs have plants/foliage in front of them.
Can anyone please offer any advice on how I should handle this? I need to write back to the court with one of the 3 options (forgotten what they were now). The date of the hearing is the 5th June.

Am I likely to get much more than the £60 fine and 3 points just because I decided to go to court? Will I have to pay the court costs?

Thanks for your help,

Jon.
The Rookie
Papers have to be laid at court within 6 months, its not uncommon for them to be laid at the last minute and it take 3 weeks plus for them to be sent, or in Scumberside 3 months plus - they should have a laid or entered date on them, if not ring the court and ask when they were laid!

Simon
JRS
Hi,

I've just checked the laid in court date, and it was the 13th April, and the offence was the 15th october. Only 2 days before the 6 months limit.

The letter was sent on the 1st of the May (by the post frank).

Does this mean I can't get out of it on the grounds of the 6 months limit?

Thanks,

Jon
Blackbird
QUOTE
Only 2 days before the 6 months limit.

QUOTE
Does this mean I can't get out of it on the grounds of the 6 months limit?
no since the 6 months applies to the laying of the information, sorry.
JRS
Thanks for your help guys - do you think I'll have much luck with my plan to point out the poor visibility of the signs?
Blackbird
2 issues on the signs,
1. Do they meet the Traffic Signs regulations - surprising numbers don't.
2. Visibility, can you prove they were obscured? Foliage is a common complaint.
The fact is that it will be up to you to prove that you could not tell what the limit was, this can be hard to do!
JRS
Blackbird,

Thanks for your reply and your help. I've been out this weekend collecting evidence. Had a great time taking photos of 40 signs in the area covered by foliage.

Someone also suggested contacting the council to find out whether spending was authorised in April for extra signage on that part of the road - perhaps an indication that the existing signage was insifficient.

Thanks,

Jon.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.