Summons - already accepted S59 at the roadside

Summons - already accepted S59 at the roadside

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kiethton

Original Poster:

13,895 posts

180 months

Sunday 10th July 2016
quotequote all
Been told that a summons has arrived for me to an old address, relating to a stop in mid-February

Was pulled over for 109 and "bullying" cars out of the way (incidentally I wasn't, just cruising home trying to get back for the rugby). I don't think I was going that fast but was likely over a ton so won't bother disputing the speed.

Thing is the officers at the time of the stop gave me a S59 for this, now had a summons for the same offence. I've been given 2 punishments for the same thing! - anyway to tell them to foxtrot Oscar on the summons siting the S59 I've already accepted?

As its gone to an old address (license is up to date at current address and DVLA have been informed that I've moved) is there any get out on that?

How long will it take them to issue it to the current address? - could do with delaying it a few months as can't afford a fine/cope with any ban ATM (currently renovating a house that's taken all my cash and not able to get to work from where currently staying with a ban)

vonhosen

40,233 posts

217 months

Sunday 10th July 2016
quotequote all
Nothing to stop a S59 & summons both being issued.
In fact a lot here will argue there shouldn't be a S59 without a summons on principal.
What address did you give them when they stopped you? The old one?

kiethton

Original Poster:

13,895 posts

180 months

Sunday 10th July 2016
quotequote all
Yep, was my one at the time but did inform was moving soon.

If that's not a get-pit I need to delay the court date (I presume I'll be summonsed to appear even if I plead guilty) to late September or ideally mid-Dec so I'm in a place from which I can get to work without my motorbike and have finished the house renovation, December ideally as I'm out of the country for near a month after then.

Ki3r

7,816 posts

159 months

Monday 11th July 2016
quotequote all
kiethton said:
Yep, was my one at the time but did inform was moving soon.

If that's not a get-pit I need to delay the court date (I presume I'll be summonsed to appear even if I plead guilty) to late September or ideally mid-Dec so I'm in a place from which I can get to work without my motorbike and have finished the house renovation, December ideally as I'm out of the country for near a month after then.
It's a punishment, they aren't going to put it off until then so it suits you. Otherwise I'll speed everywhere and ask to be banned from 2099...

Section 59 goes with a ticket, normally due care (are you in court for the excess speed or the due care?).

You've got to take some personal responsibility for your actions, you know you've been summonsed to court, and they will find your new address.

There is the chance you'll be disqualified even if you don't turn up pretending you didn't get the letter wont work. I interviewed someone on Friday night for the same thing. He ended up getting arrested, car seized as well.

hora

37,122 posts

211 months

Monday 11th July 2016
quotequote all
109 through traffic and the term 'just cruising'. Are terms thst don't go together OP.

FiF

44,069 posts

251 months

Monday 11th July 2016
quotequote all
vonhosen said:
Nothing to stop a S59 & summons both being issued.
In fact a lot here will argue there shouldn't be a S59 without a summons on principal.
What address did you give them when they stopped you? The old one?
By the sound of the circumstances agreed. Stop the behaviour and apply an incentive not to repeat there and then.

I would suggest that if convicted of the reported offence then perhaps the status of the S59 to be reviewed at time of sentencing. If acquitted then the S59 should be cancelled imo.

kiethton

Original Poster:

13,895 posts

180 months

Monday 11th July 2016
quotequote all
Ki3r said:
kiethton said:
Yep, was my one at the time but did inform was moving soon.

If that's not a get-pit I need to delay the court date (I presume I'll be summonsed to appear even if I plead guilty) to late September or ideally mid-Dec so I'm in a place from which I can get to work without my motorbike and have finished the house renovation, December ideally as I'm out of the country for near a month after then.
It's a punishment, they aren't going to put it off until then so it suits you. Otherwise I'll speed everywhere and ask to be banned from 2099...

Section 59 goes with a ticket, normally due care (are you in court for the excess speed or the due care?).

You've got to take some personal responsibility for your actions, you know you've been summonsed to court, and they will find your new address.

There is the chance you'll be disqualified even if you don't turn up pretending you didn't get the letter wont work. I interviewed someone on Friday night for the same thing. He ended up getting arrested, car seized as well.
Don't dispute that and want them to find my address, just can't find a way to progress life if it happened this instant - need it delayed a little. I'm currently refurbishing a flat and need a car to do so, without it being finished i'm not near a station until I move in = no work if banned.

If they can't send it to my registered address its their own issue - I'm sure it'll work its way to me in time at which point i'll be in a far better place, location wise and financially and will respond as per normal.

hora said:
109 through traffic and the term 'just cruising'. Are terms thst don't go together OP.
Did have the cruise control on @95 but accelerated briefly past it when resetting after coming behind a car, this coincided with the pull. The motorway was near-empty and it's what the car was built for really, cruise a great deal faster on the continent

Retroman

969 posts

133 months

Monday 11th July 2016
quotequote all
kiethton said:
Don't dispute that and want them to find my address, just can't find a way to progress life if it happened this instant - need it delayed a little. I'm currently refurbishing a flat and need a car to do so, without it being finished i'm not near a station until I move in = no work if banned.
No offence, but if my license was so important to me then i wouldn't gamble losing it for the sake of some rugy.

kiethton said:
If they can't send it to my registered address its their own issue - I'm sure it'll work its way to me in time at which point i'll be in a far better place, location wise and financially and will respond as per normal.
That's not how it will work sadly. The court date will go ahead and judgement will be made with or without you there.
If you attend and dress smart is shows you are making some effort. Not attending makes it look like you don't care and the punishment may be worse.

SS2.

14,462 posts

238 months

Monday 11th July 2016
quotequote all
Retroman said:
That's not how it will work sadly. The court date will go ahead and judgement will be made with or without you there.
If you attend and dress smart is shows you are making some effort. Not attending makes it look like you don't care and the punishment may be worse.
If the magistrates are considering a ban, it's probable he'll be required to attend - courts are not at all keen on imposing disqualifications in absence.

Al U

2,312 posts

131 months

Monday 11th July 2016
quotequote all
kiethton said:
Was pulled over for 109

I don't think I was going that fast but was likely over a ton so won't bother disputing the speed.
So you think you were doing more than 100 but less than 109. Agreed, hardly worth disputing rolleyes

P.S you must really like rugby.

anonymous-user

54 months

Monday 11th July 2016
quotequote all
kiethton said:
Ki3r said:
kiethton said:
Yep, was my one at the time but did inform was moving soon.

If that's not a get-pit I need to delay the court date (I presume I'll be summonsed to appear even if I plead guilty) to late September or ideally mid-Dec so I'm in a place from which I can get to work without my motorbike and have finished the house renovation, December ideally as I'm out of the country for near a month after then.
It's a punishment, they aren't going to put it off until then so it suits you. Otherwise I'll speed everywhere and ask to be banned from 2099...

Section 59 goes with a ticket, normally due care (are you in court for the excess speed or the due care?).

You've got to take some personal responsibility for your actions, you know you've been summonsed to court, and they will find your new address.

There is the chance you'll be disqualified even if you don't turn up pretending you didn't get the letter wont work. I interviewed someone on Friday night for the same thing. He ended up getting arrested, car seized as well.
Don't dispute that and want them to find my address, just can't find a way to progress life if it happened this instant - need it delayed a little. I'm currently refurbishing a flat and need a car to do so, without it being finished i'm not near a station until I move in = no work if banned.

If they can't send it to my registered address its their own issue - I'm sure it'll work its way to me in time at which point i'll be in a far better place, location wise and financially and will respond as per normal.

hora said:
109 through traffic and the term 'just cruising'. Are terms thst don't go together OP.
Did have the cruise control on @95 but accelerated briefly past it when resetting after coming behind a car, this coincided with the pull. The motorway was near-empty and it's what the car was built for really, cruise a great deal faster on the continent
I do understand how it will be awkward for you but can't help feeling that the rest of us will be a little safer with you off the road for a while........ wink

kiethton

Original Poster:

13,895 posts

180 months

Monday 11th July 2016
quotequote all
SS2. said:
Retroman said:
That's not how it will work sadly. The court date will go ahead and judgement will be made with or without you there.
If you attend and dress smart is shows you are making some effort. Not attending makes it look like you don't care and the punishment may be worse.
If the magistrates are considering a ban, it's probable he'll be required to attend - courts are not at all keen on imposing disqualifications in absence.
I realise that I will likely have to attend and will do so, main thing is to just delay it enough so that I can:

Finish the refurbishment and have somewhere to live
Complete the means form at a later date that isn't i) a bonus payment month and ii) give HR time to make a massive pension contribution to lower my net income to benefit recipient level for the equivalent fine.

Doing these things will ensure I have a roof over my head, can get to work and ensure a lower fine. I get I was going slightly fast but this is one circumstance where the punishment is totally disproportionate to the offence committed. For the record I have never been in this situation before and have a clean license - last points were for 78 on the motorway in 2010.

More proportional was the last time I was stopped speeding abroad, negotiated a fine (and that was it) of ~£20 for a speed significantly greater proportionally (103/50) - its just another stealth tax really, especially on a quiet motorway, in good conditions

mgtony

4,019 posts

190 months

Monday 11th July 2016
quotequote all
kiethton said:
I realise that I will likely have to attend and will do so, main thing is to just delay it enough so that I can:

Finish the refurbishment and have somewhere to live
Complete the means form at a later date that isn't i) a bonus payment month and ii) give HR time to make a massive pension contribution to lower my net income to benefit recipient level for the equivalent fine.

Doing these things will ensure I have a roof over my head, can get to work and ensure a lower fine. I get I was going slightly fast but this is one circumstance where the punishment is totally disproportionate to the offence committed. For the record I have never been in this situation before and have a clean license - last points were for 78 on the motorway in 2010.

More proportional was the last time I was stopped speeding abroad, negotiated a fine (and that was it) of ~£20 for a speed significantly greater proportionally (103/50) - its just another stealth tax really, especially on a quiet motorway, in good conditions
It's a bit rich trying to claim you have a clean licence after admitting in a previous thread about removing your front number plate to evade the motorway average speed cameras.
The summons has gone to the address that you gave them. If it was expected, then surely you'd just have your mail redirected for 6-12 months. Can't really be an excuse for claiming not to have received it.

kiethton

Original Poster:

13,895 posts

180 months

Monday 11th July 2016
quotequote all
mgtony said:
kiethton said:
I realise that I will likely have to attend and will do so, main thing is to just delay it enough so that I can:

Finish the refurbishment and have somewhere to live
Complete the means form at a later date that isn't i) a bonus payment month and ii) give HR time to make a massive pension contribution to lower my net income to benefit recipient level for the equivalent fine.

Doing these things will ensure I have a roof over my head, can get to work and ensure a lower fine. I get I was going slightly fast but this is one circumstance where the punishment is totally disproportionate to the offence committed. For the record I have never been in this situation before and have a clean license - last points were for 78 on the motorway in 2010.

More proportional was the last time I was stopped speeding abroad, negotiated a fine (and that was it) of ~£20 for a speed significantly greater proportionally (103/50) - its just another stealth tax really, especially on a quiet motorway, in good conditions
It's a bit rich trying to claim you have a clean licence after admitting in a previous thread about removing your front number plate to evade the motorway average speed cameras.
The summons has gone to the address that you gave them. If it was expected, then surely you'd just have your mail redirected for 6-12 months. Can't really be an excuse for claiming not to have received it.
That was years ago, 07-10.

Fair point, just trying to delay the hearing to the autumn/december.

After sending the form back how long does it normally take them to (ideally accept it in my absence) or to set a date?

As said, just need to ensure I have somewhere to live and a means to get to work if banned, that and give myself a chance to make the pension contribution in August's pay to lower my income to the appropriate level in case they ask to see a pay slip.

Efbe

9,251 posts

166 months

Monday 11th July 2016
quotequote all
kiethton said:
stuff
honestly wow. what a complete tool.

hope you get banned. showing absolutely no remorse for driving like an idiot, for which you seem to think is admirable in other threads. I also really doubt the police made up your "bullying" behavior.

kiethton

Original Poster:

13,895 posts

180 months

Monday 11th July 2016
quotequote all
I was hardly driving like an idiot, was cruising on a near empty motorway with the cruise at 95, only thing is after turning it off I put my foot down instead of hitting the switch. Nothing at all dangerous in a well sighted, clear, dry motorway in a car more than capable of the job. No I don't believe in speed limits but accept they exist. Nothing I did was dangerous else it wouldn't be a simple speeding summons would it?

I don't mind a short ban, it's just trying to time it so it works out beneficially as possible re. Existing commitments and in the most cost effective manner.

Al U

2,312 posts

131 months

Monday 11th July 2016
quotequote all
kiethton said:
I was hardly driving like an idiot, was cruising on a near empty motorway with the cruise at 95, only thing is after turning it off I put my foot down instead of hitting the switch. Nothing at all dangerous in a well sighted, clear, dry motorway in a car more than capable of the job. No I don't believe in speed limits but accept they exist. Nothing I did was dangerous else it wouldn't be a simple speeding summons would it?

I don't mind a short ban, it's just trying to time it so it works out beneficially as possible re. Existing commitments and in the most cost effective manner.
Some people get the book thrown at them in these situations, unfairly. For that reason I don't think you will have the book thrown at you.

agtlaw

6,712 posts

206 months

Monday 11th July 2016
quotequote all
Much more likely to be a Postal Requisition or a SJPN than a summons.

If you want to delay proceedings then that's easily achievable.

Doing nothing and getting convicted in absence isn't a good idea.

mph1977

12,467 posts

168 months

Monday 11th July 2016
quotequote all
I didn't realise the schools had broken up all ready ...

OP you sound a complete tool and i suspect that you probably don;t know / understand what you don;t know with regard to why your behaviour and attitude has landed you in the position you are in .

Rovinghawk

13,300 posts

158 months

Monday 11th July 2016
quotequote all
kiethton said:
I was hardly driving like an idiot
>55% over the speed limit. Very sensible.

kiethton said:
Nothing at all dangerous in a well sighted, clear, dry motorway in a car more than capable of the job.
Maybe dangerous, maybe not. But definitely illegal.

kiethton said:
Nothing I did was dangerous else it wouldn't be a simple speeding summons would it?
You've forgotten about the S59 already?

kiethton said:
it's just trying to time it so it works out beneficially as possible re. Existing commitments and in the most cost effective manner.
The whole point of a punishment is that it's supposed to hurt.

As for not living near a station, get taxis. If you don't like the expense, tough titty.

Edited by Rovinghawk on Monday 11th July 16:25