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Davehillbo
Hi all

My wife has a court summons for a speeding offence (48mph in a 40 zone, taken by a mobile camera). Originally we confirmed she was the driver and were awaiting the letter that says either take the points and fine or goto the training thing for a day and pay the fee but no points, we never recieved this letter and today have got a letter from the local magistrates for a summons sad.gif. We think that is unfair but I doubt theres anything we can do about it, but on the summons theres a certificate about section 20 road traffic offenders act 1988 with the name of the witness, but at the bottom of the form it has my wifes first name but incorrect surname, is this all still valid? (my wife has never had the surname shown, our surname is double barreled and the name on the certificate only shows the last part of it, and thats my old surname).

Any suggestions would be appreciated!

David
ict_guy
The mistake with the spelling of the name isn't relevant.

What exactly is the summons for? I expect it is more than just speeding.
Davehillbo
Just speeding.
jimster
I wouldn’t have expected a summons for 48 in a 40

Is there any reason why you think they want this to go to court?

Is your wife the sole driver of the car?

Did she see the photos?



Davehillbo
the only thing I can think of is that they have sent a letter with regards to the speed awareness course (pay for the course or take points and fine), and they think we have ignored it.
Gan
Plead guilty and ask for the points and fine that she would have had if she had received a COFP as normal.
Davehillbo
She did actually want to go one the course, is this still an option?
andy_foster
A section 20 statement/certificate should only state that the vehicle was doing the alleged speed. I'm pretty sure that there isn't a type approved speed camera that is clever enough to recognise the driver.

If you think that the evidence may be defective, vaguely describing part of it isn't much help in determining whether you have a viable defence.
Logician
What she could try is phoning the police to ask if they did offer her an SAC, and if so explain she never received the letter, and ask if they would still be willing to offer the course. If they are, then go to court and ask the prosecutor to adjourn the case for a period with a view to discontinuing if she completes the course. I would have doubted whether the police or CPS would agree to this, but I saw a prosecutor initiate this a few weeks ago. They would clearly not be willing to do this if the matter is close to being timed out.

Failing this, attending court and asking for the equivalent of a fixed penalty as that would normally be offered seems the best bet.
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