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cbenson
QUOTE (robbybee @ Thu, 22 Nov 2007 - 13:29) *
Hi,

I wonder if anyone could offer me any advice on my situation, and whether i should do anything about it myself?

I got caught (by a van on a bridge) doing 98mph on the M4 back in May this year and was issued a NIP.

At that moment in time i was already on 9 points, so fully expected to lose my license in the very near future! However, since returning
the NIP (stretched that as long as possible) i have heard absolutely nothing more on the subject. Subsequently 3 of my points
have come off my licence (October) and the remaining 6 will expire in early 2008.

As 6 months has now passed i am concerned as to what may happen - should i chase them up and deal with it, or hope that
it has slipped by somehow?

One factor that may contribute is that the NIP was issued in the wrong (Christian) name, and although i let them know of this error straight away i never recieved updated (NIP) paperwork in my name?

Ultimately i fully accept that i should lose my license for awhile or at least face a pretty stiff fine......but does anyone have any advice as to what my next step should be?

Many thanks in adcance,

Robbybee


Hi guys.

I'm in a similar situation to the original post in that i was caught (excessively) speeding and as of yet i haven't received a summons. Except mine was at the end of march 31/03/07!!

I don't know if anyone has heard of other people being in a similar situation but looking at it the police should have notified the magistrates by the end of september. Which means I've been waiting almost 12 weeks to receive my summons.

I'm in a situation where i fully expect to get it sent any day but still have a glimmer of hope i might get lucky. Does anyone know if your able to contact your local magistrates to find out for sure. Or should i just sit tight and hope for the best!

Any Thoughts.

Regards
The Rookie
End september to end November is 9 weeks, not 12....

When you say you were caught speeding, is that a roadside pull, or a NIP through the post, if you didn't reply to a NIP through the post, then the S172 offence occured 28 days after you recieved that NIP, so you may only be 2 weeks (or less for company/hire/lease cars) past the 6 months...good advice comes from good info!

Simon
cbenson
Yes nine weeks my mistake.

This was my vehicle and the NIP had all the correct details on it. I replied within the 28 day period stating and signing that all details were correct. And received confirmation at the start of may that due to the speed i was caught travelling (62mph in a 30mph zone) that i would have to go to court.


I just need advice on whether this needs any follow up. As far as i'm aware the "laying of information" on the case should have been received by the court by 30th september. And so from this date the court clerk has to print the summons and send it off to myself in due course. 9 weeks is a long time to do this. Has anyone else has to wait such a long time for this to be dealt with?

Thanks
jeffreyarcher
It's only just over eight weeks from the end of September.
As far as posts on these forums go, it would seem that a summons after two months is unknown, except in Humberside where it can be about three months.
If you know what court the case will be heard in, you could check with the listings deartment if an information has been laid in your name (and get a name of the person who tells you).
cbenson
I posted this thread earlier on in the week due to the fact it had been some time since i was caught (61 in a 30 back in march).

Low and behold this morning i have received my court summons!! Everthing seems to check out with the six months rule but to take matters further the court date has been set for the 10/12/07 when i will be in france and won't be able to attend.

I have the offer to plead guilty via post (ie don't have to attend court) and will have to make a plea of mitigation to the court.

I just need advice on whether it is worth my while to get a lawyer to do this ar just fill it out myself and bow to the discretion of the court. I understand that not attending court with possibility of a ban (which this is) is not a good idea but i have no choice.

Again if anyone has been in a similar situation your input is much appreciated.

Thanks
nemo
QUOTE (cbenson @ Sat, 1 Dec 2007 - 11:10) *
I understand that not attending court with possibility of a ban (which this is) is not a good idea but i have no choice.

If the court are considering a period of disqualification, you would almost certainly be required to attend - no choice.

You should contact the court and advise them of any dates where you are unavailable and they should re-schedule.
The Rookie
QUOTE (cbenson @ Sat, 1 Dec 2007 - 11:10) *
I posted this thread earlier on in the week due to the fact it had been some time since i was caught (61 in a 30 back in march).

Low and behold this morning i have received my court summons!! Everthing seems to check out with the six months rule but to take matters further the court date has been set for the 10/12/07 when i will be in france and won't be able to attend.

I have the offer to plead guilty via post (ie don't have to attend court) and will have to make a plea of mitigation to the court.

I just need advice on whether it is worth my while to get a lawyer to do this ar just fill it out myself and bow to the discretion of the court. I understand that not attending court with possibility of a ban (which this is) is not a good idea but i have no choice.


Read Atkinson http://www.bailii.org/ew/cases/EWHC/Admin/2004/1457.html very carfully several times, the CPS have to PROVE sufficient information was laid by the 6 months or the magistrates court has no jurisdiction to try the case.

You can write to HMCS and request an adjournemnet as your out of the country.

That speed is almost cetainly a ban which would require you to attend the court as they like you to be there so you know you are banned.

Simon
cbenson
I'd just like to post an update on my court appearence as i found that although every court is different it can be helpful to know what to expect when looking at previous cases.

Just as a recap i got caught doing 61mph in a 30mph Dual Carriageway at approx 11.00am on a saturday last march.

I got a 28 day ban and a £200 fine plus £35 costs. What i expected so can't complain!

And i found some of the advice and information on this site very informative. Keep up the good work.

Thanks



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