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Austin_P
I had an NIP come through during september last year which was served in time and was correct etc etc, when I received the response the cover letter was addressed to me but the driver awareness course offer was for someone else and for a completely different offence. I contacted teh Leics speed camera partnership several times having to leave a message every time but heard nothing. Some while late I received another letter addressed to myself sayingthat they were dissapointed I hadn't taken up the offer of the course and that it was a conditional offer or court. I again tried to contact the Leic SCP and left more messages for them, still no response. I now have a summons and a court date and I am a bit hacked off about it.
Problem is I am happy to accept I was in the wrong but I think its blatently unfair for them to screw up the paperwork and then force me down an alley into court. Do I stand a chance of using the lack of administrative competency as mitigation against the fine and the reinstatement of the course?
Gan
Plead Guilty and ask for the £60/3 points that you would have received if not for administration problems that weren't your fault

The magistrates can't award you a course.
Jlc
Did you only phone them?

Your best outcome would be to argue that the sentence is similar to a fixed penalty due to the admin errors. (3 points, £60+costs)
Pete D
The problem I see is that you can not prove when you rang or what you said. You should have written to them. However all is not lost as you do have the letter and the offer of a SAC with the wrong name and details. What offence is detailed on the Summons, I assume speeding. Pete D
Austin_P
the offence on the SAC was for speeding whereas mine should have been for red light offence. Seems strange that the best I can hope for is 60 and 3 points as I would have taken the course had it been correct. I take your point about phonecalls though I should have written or emailed for something more substantial.
andy_foster
How long after the date of the alleged offence was the summons issued?
Jlc
Agreed... But the CoFP or SAC is instead of a prosecution and neither are guaranteed. You'll also have to pay court costs and victim surcharge so it will be slightly over £60 too.

Also, check what impact the TS10 code will have on your insurance.
Gan
QUOTE (andy_foster @ Mon, 7 May 2012 - 16:33) *
How long after the date of the alleged offence was the summons issued?

Good spot
Austin_P
Date of offence was 12/09/2011 date of summons was 10/04/2012 does that take it outside the limit to be set before the court?

Edit
The 10/04/2012 is the date of the original court hearing not the date it was issued
Jlc
They have 6 months to lay information with the court. This looks tight so it's definitely worth checking with the court here!
BaggieBoy
That is the date the summons was issued, does it state the date the information was laid?
Austin_P
No other dates on the summons other than the date of the hearing which initially was 10/04/2012 and the case number which isn't that decipherable into a date apart from the suffix which looks like 2012

If my maths are right though then if the information must be laid before the court within 6 months of the offence then the latest the summons could be issued is 12/03/2012
Jlc
No, the summons can be issued after the 6 months as long as the information has been laid within the 6 months. (hearing after 7 or 8 months is quite usual)

What happened to the original hearing?
BB Law
Austin_P

If you email me a copy of the summons (bb@bb-law.co.uk) then I'll tell you whether it was laid within the 6 month limit. You may have a requistion rather than a summons, in which case it will be more difficult to find out the date the information was laid.

It may still be possible to have the TAC but you would need to get the CPS to agree to it being re-offered and would also need to ask the court to adjourn for you to do the course.

If the 10/4/12 was the first hearing date, what happened at that hearing?

BB Law
Austin_P
To be fair I am already assuming that it was laid in time, my main problem with it is the fact that it looks like I have to lose the SAC due to admin errors and my defence is going to be to eat humble pie and request that it be dealt with as a fixed penalty notice due to the paperwork errors
Jlc
Don't assume... Do as BBLaw says... biggrin.gif
Austin_P
The hearings have been adjourned due to my Mother passing away from cancer the 10th was adjourned at my request as I didn't want to leave her in the final stages and it was adjourned again on 2/05 as that was the day of the funeral.

BB many thanks for that offer but from what you are saying it appears I may be missing a piece of the correspondence or overlooking it so I need to recheck
Austin_P
Found the front sheet I was missing the date of information is 09/02/2012, 150 days from the date of the offence so it is within the time period
Austin_P
Well had my day in court and was done dry.

100 fine 60 costs and the obligatory 15 for the victims fund plus 3 points. CPS wouldn't talk with me about the case beforehand and the Magistrates were too busy working out the fine to listen when I gave my mitigation. I suppose the moral of the story is make sure that you send everything in writing and don't expect there to be any form of justice in a revenue generation scheme.
Now i'm off to find out if supplying me with someones details incorrectly breaches the data protection act as i am feeling malicious
southpaw82
QUOTE (Austin_P @ Tue, 8 May 2012 - 19:36) *
Now i'm off to find out if supplying me with someones details incorrectly breaches the data protection act as i am feeling malicious


It does and you can complain to the Information Commissioner about but I wouldn't expect them to do anything about a one off (though they might).
Austin_P
It'll satsify my need to grind an axe for a while though
odom
QUOTE (Austin_P @ Tue, 8 May 2012 - 19:43) *
It'll satsify my need to grind an axe for a while though

You may find that you get more satisfaction speaking to your local press, who love "useless speed camera" stories.
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