My partner went to his his flat today to check his mail. He found a court summons for a speeding ticket dated 20 May 2012. Today's date is 11/01/13.
This is the first correspondence he's had.
Because the offense was over 6 months ago is this still valid?
We need some info pretty soon. He has to be in court on Monday. Today is Friday :/
Please help.
Full Version: Over 6 months ago, is it invalid?
When he found it is irrelevant. They have 6 months from the date of the offence to lay the information, i.e. 19th November. It can then easily take a month to actually arrive.
If the particulars were laid with the court within the 6 months then the prosecution is valid. It's unlikely they've missed this deadline.
What offences are listed on the summons?
Sounds like there's a story behind this?
What offences are listed on the summons?
Sounds like there's a story behind this?
QUOTE (Nia22 @ Fri, 11 Jan 2013 - 23:12) 
My partner went to his his flat today to check his mail. He found a court summons for a speeding ticket dated 20 May 2012. Today's date is 11/01/13.
This is the first correspondence he's had.
Because the offense was over 6 months ago is this still valid?
We need some info pretty soon. He has to be in court on Monday. Today is Friday :/
Please help.
This is the first correspondence he's had.
Because the offense was over 6 months ago is this still valid?
We need some info pretty soon. He has to be in court on Monday. Today is Friday :/
Please help.
AND when was he last there ?? Is he living somewhere else ?. Is this flat the address DVLA have I presume ?
QUOTE (Jlc @ Fri, 11 Jan 2013 - 23:18)
If the particulars were laid with the court within the 6 months then the prosecution is valid. It's unlikely they've missed this deadline.
What offences are listed on the summons?
Sounds like there's a story behind this?
What offences are listed on the summons?
Sounds like there's a story behind this?
The date this was apparently send out is 20 November 2012. So exactly 6 months to the day.
He was caught doing 60 on a motorway which had a temporary speed limit of 50mph.
Is there any reason why your partner can't post here himself (and tell us the whole story)?
QUOTE (StuartBUOCCURS @ Fri, 11 Jan 2013 - 23:22)
QUOTE (Nia22 @ Fri, 11 Jan 2013 - 23:12)
My partner went to his his flat today to check his mail. He found a court summons for a speeding ticket dated 20 May 2012. Today's date is 11/01/13.
This is the first correspondence he's had.
Because the offense was over 6 months ago is this still valid?
We need some info pretty soon. He has to be in court on Monday. Today is Friday :/
Please help.
This is the first correspondence he's had.
Because the offense was over 6 months ago is this still valid?
We need some info pretty soon. He has to be in court on Monday. Today is Friday :/
Please help.
AND when was he last there ?? Is he living somewhere else ?. Is this flat the address DVLA have I presume ?
He was there a few days before. Yes, his address is known to the DVLA.
If it's a s172 summons then that offence actually happens later - 28 days later...
That offence has a high penalty - 6 points, £500 and a nasty insurance impact.
That offence has a high penalty - 6 points, £500 and a nasty insurance impact.
QUOTE (Jlc @ Fri, 11 Jan 2013 - 23:26)
If it's a s172 summons then that offence actually happens later - 28 days later...
That offence has a high penalty - 6 points, £500 and a nasty insurance impact.
That offence has a high penalty - 6 points, £500 and a nasty insurance impact.
Excuse my ignorance but what is a s172?
Failing to name the driver. (Which is likely if there hasn't been any correspondence)
The offences will be listed on the summons. (section 172 of the RTA)
The offences will be listed on the summons. (section 172 of the RTA)
QUOTE (Jlc @ Fri, 11 Jan 2013 - 23:31)
Failing to name the driver. (Which is likely if there hasn't been any correspondence)
The offences will be listed on the summons. (section 172 of the RTA)
The offences will be listed on the summons. (section 172 of the RTA)
Ah I see, yes it does say he didn't name the driver but he didn't know he'd had a speeding ticket in the first place. This is genuinely the first correspondence he's had. He's not just using that as an excuse. Absolutely nothing has been received.
It's hard to advise without all the information. (As Andy notes)
If the offences are dual listed, that is the s172 and the speeding then there's a way to get them to drop the s172 in favour of the speeding. (and possibly argue the fine to fixed penalty level)
If only the s172 is listed then you'll have to defend that - it's quite a high bar. Different addresses are involved - sounds like the mail isn't checked regularly?
They normally can't secure the speeding offence unless it is plead guilty to as they do not have evidence of the driver.
If the offences are dual listed, that is the s172 and the speeding then there's a way to get them to drop the s172 in favour of the speeding. (and possibly argue the fine to fixed penalty level)
If only the s172 is listed then you'll have to defend that - it's quite a high bar. Different addresses are involved - sounds like the mail isn't checked regularly?
They normally can't secure the speeding offence unless it is plead guilty to as they do not have evidence of the driver.
QUOTE (Jlc @ Fri, 11 Jan 2013 - 23:41)
It's hard to advise without all the information. (As Andy notes)
If the offences are dual listed, that is the s172 and the speeding then there's a way to get them to drop the s172 in favour of the speeding. (and possibly argue the fine to fixed penalty level)
If only the s172 is listed then you'll have to defend that - it's quite a high bar. Different addresses are involved - sounds like the mail isn't checked regularly?
They normally can't secure the speeding offence unless it is plead guilty to as they do not have evidence of the driver.
If the offences are dual listed, that is the s172 and the speeding then there's a way to get them to drop the s172 in favour of the speeding. (and possibly argue the fine to fixed penalty level)
If only the s172 is listed then you'll have to defend that - it's quite a high bar. Different addresses are involved - sounds like the mail isn't checked regularly?
They normally can't secure the speeding offence unless it is plead guilty to as they do not have evidence of the driver.
Letter found 11 Jany 2013 but flat checked a few days before . Comment above says it was issued in November 2012 ???..
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.