Hello all, newbie here so please be kind!

I have spent some time going through the forum and I never realised there was so much to know about this. Having read quite a lot, I hope you don't mind if I post these details for your consideration as I still can't work out where I stand...I am getting more than a little confused.

I was stopped on 11 Oct 2010 for speeding by an unmarked car. I was told I was doing 87mph. He explained that the speedometer was calibrated but the recorder wasn't and the screen was flashing in white letters "uncalibrated". He also explained that he had just come from an accident and so did not have a fixed penalty book so his only option was to report me for the offence and I would receive a court summons.

Today, 14 April 2011, I have received the summons. Interestingly, the summons is dated 10 Feb 2011 so not sure why it hasn't been issued earlier but it comes with a letter from police force concerned explaining that the officers witness statement is included for me. This letter is signed and dated with the date being 12 April 2011.

I have read the statement and it gives some facts from the case but in the last sentance of the witness statement while explaining that I was told I would be reported for consideration of the question of prosecution, they have put someone elses name in, instead of mine. Therefore the witness statement does include my name but it then changes to someone else's!

This all leads to two questions:

1. Is it reasonable for a summons to be sent 6 months and 1 day after the offence?
2. Is it acceptable for the witness statement to contain a mistake on my name...lets say my name is Brown and while referring to Brown at the beginning of the statement, it ends by referring to Smith...?

Any help much appreciated. This is the first time I have ever had to deal with a situation so all quite concerning really.

Many thanks.

1/' Reasonable or not, its legal.
2/ Not really, but if you contest it he'll correct it in court and explain it as the typo it is and you'll be no better off.

If you explain what the officer said about the fixed penalty, and request that in the interests of justice they only give you the fixed penalty level of punishment, they may well comply, saving you a wedge!

Simon

Thanks Simon. There was me thinking I was being clever but as usual, not! Guess I'll fill it out, send it back and accept the fine! Thanks again.

Hi.
The useful snippet is
"* where a penalty notice was not offered or taken up for reasons unconnected with the offence
itself, such as administrative difficulties, the starting point should be a fine equivalent to the
amount of the penalty and no order of costs should be imposed. The offender should not be
disadvantaged by the unavailability of the penalty notice in these circumstances. A list of offences
for which penalty notices are available, and the amount of the penalty, is set out in Annex B.
"
- Magistrates' Court Sentencing Guidelines, P189

--
Regards, Iain

Iain, that's great and I shall give it a go...nothing to lose and could save me a small fortune! I'll explain the circumstances as both you and Simon have suggested and see if that gets me anywhere.