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rhyspw
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

peterguk
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?
rhyspw
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....!
Logician
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.
Aretnap
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.
The Rookie
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
BaggieBoy
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.
Pancras
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).
The Rookie
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!
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