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G20RG B

Original Poster:

2,537 posts

118 months

[news] 
Friday 18th May 2007 quote quote all
I was caught speeding one month ago today-

I was allegedlly doing 43 in a 30, the Police issued me with a note to hand in my details to my nearest station ie licence and insurance, as I am already on 8 points they did not give me a fixed penalty but said I would get a court summons.

How long must I wait before I hear anything, I have had this hanging over my head now for a month and would really like to get it overwith...

Is there a time limit on how long they have to conntact me,

I handed all my details into my local police station within a day of the supposed offence.

SS2.

8,103 posts

125 months

[news] 
Friday 18th May 2007 quote quote all
G20RG B said:
I was caught speeding one month ago today-

I was allegedlly doing 43 in a 30, the Police issued me with a note to hand in my details to my nearest station ie licence and insurance, as I am already on 8 points they did not give me a fixed penalty but said I would get a court summons.

How long must I wait before I hear anything, I have had this hanging over my head now for a month and would really like to get it overwith...

Is there a time limit on how long they have to conntact me,

I handed all my details into my local police station within a day of the supposed offence.

I'm confused... At an alleged 43 in a 30 (and no other offences committed at the time), you should have been offered a Fixed Penalty - this would have put you on 11 points ie still below the 'totting' threshold for a ban.

With regard to a summons, they have 6 calendar months from the date of the alleged offence to lay an information (application for summons) with the Magistrates' Court. The summons itself can be served on you several weeks later and can be valid even if you receive it outside of the 6 month window.

G20RG B

Original Poster:

2,537 posts

118 months

[news] 
Friday 18th May 2007 quote quote all
SS2. said:
G20RG B said:
I was caught speeding one month ago today-

I was allegedlly doing 43 in a 30, the Police issued me with a note to hand in my details to my nearest station ie licence and insurance, as I am already on 8 points they did not give me a fixed penalty but said I would get a court summons.

How long must I wait before I hear anything, I have had this hanging over my head now for a month and would really like to get it overwith...

Is there a time limit on how long they have to conntact me,

I handed all my details into my local police station within a day of the supposed offence.

I'm confused... At an alleged 43 in a 30 (and no other offences committed at the time), you should have been offered a Fixed Penalty - this would have put you on 11 points ie still below the 'totting' threshold for a ban.

With regard to a summons, they have 6 calendar months from the date of the alleged offence to lay an information (application for summons) with the Magistrates' Court. The summons itself can be served on you several weeks later and can be valid even if you receive it outside of the 6 month window.


Thank you for your reply,
I was kinda suprised also that I didn't get a fixed penalty but as I only lost 3 points to bring me down to 8 in January they did say that they would be sending a report to procurator fiscal (scotland) and would result in a court appearance,

They did also take great pleasure in telling me that I would be banned for 6 months as part of a top up procedure as they suggested thst 43 was bordering on dangerous/careless driving!!


SS2.

8,103 posts

125 months

[news] 
Friday 18th May 2007 quote quote all
G20RG B said:
I was kinda suprised also that I didn't get a fixed penalty but as I only lost 3 points to bring me down to 8 in January they did say that they would be sending a report to procurator fiscal (scotland) and would result in a court appearance..

Ahh, the alleged offence occurred north of the border.. The commencement of proceedings is slightly different in the land of the kilted man - citations, pleading diets, intermediate diets and all that. The 6 month rule still applies to the commencement of proceedings though.

G20RG B said:
They did also take great pleasure in telling me that I would be banned for 6 months as part of a top up procedure as they suggested thst 43 was bordering on dangerous/careless driving!!

Sounds like a load of old tosh to me. Its irrelevant how many points you had, its how many points you have which matters.

They would know that 43 in a 30, on its own, would not warrant anything more severe than 3 points - even in court - so I wonder why they didn't hand out a FPN at the time. Either they are planning on doing you for something other than a straightforward speeding offence, or it was simply scare tactics on their part and you'll hear nothing more..




mwellsgarage

24 posts

90 months

[news] 
Friday 18th May 2007 quote quote all
did the officer serve you a 'note of intended prosecution' aka a NIP?
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skymaster

731 posts

94 months

[news] 
Friday 18th May 2007 quote quote all
"43 was bordering on dangerous/careless driving!! "

What planet was he on????

43 in a 30 may sound like a lot (best part of 50% increase on the limit) but it's something many drivers do regularly and there are plenty of 30 stretches where this speed would constitute the natural flow of traffic!

G20RG B

Original Poster:

2,537 posts

118 months

[news] 
Friday 18th May 2007 quote quote all
mwellsgarage said:
did the officer serve you a 'note of intended prosecution' aka a NIP?



Thanks for your reply,

No, I was not given any paperwork apart from a slip to hand my details into my local station ie licence and insurance.

SS2.

8,103 posts

125 months

[news] 
Friday 18th May 2007 quote quote all
G20RG B said:
mwellsgarage said:
did the officer serve you a 'note of intended prosecution' aka a NIP?



Thanks for your reply,

No, I was not given any paperwork apart from a slip to hand my details into my local station ie licence and insurance.

You would have (should have) been given a verbal Notice of Intended Prosecution - did you hear the words 'You will be reported for consideration of the question of prosecuting you for the offence of excess speed' ? If so, the NIP has been served.

If not, and the matter goes to court, then they would almost certainly state that they served a verbal NIP regardless..



Edited by SS2. on Friday 18th May 11:54

jith

2,119 posts

102 months

[news] 
Friday 18th May 2007 quote quote all
G20RG B said:


They did also take great pleasure in telling me that I would be banned for 6 months as part of a top up procedure as they suggested thst 43 was bordering on dangerous/careless driving!!




What!!!!
Where were you driving at the time, the middle aisle in Asda??!!!
Why do some of the BiB frequently come away with this kind of idiocy?
It ruins their credibility.

herewego

6,632 posts

100 months

[news] 
Friday 18th May 2007 quote quote all
jith said:
G20RG B said:


They did also take great pleasure in telling me that I would be banned for 6 months as part of a top up procedure as they suggested thst 43 was bordering on dangerous/careless driving!!




What!!!!
Where were you driving at the time, the middle aisle in Asda??!!!
Why do some of the BiB frequently come away with this kind of idiocy?
It ruins their credibility.

Without an answer to your question, you're jumping to conclusions.

Dwight VanDriver

6,583 posts

131 months

[news] 
Friday 18th May 2007 quote quote all
Somewhat strange that if you were ONLY reported for speeding and not due care also then the matter could have been dealt with by Fixed Penalty Notice issued there and then. I gather you would cough to the FPN.

However if due care also involved and you have been reported for this as well then they cannot issue the FPN for speeding.

As far as summons go could take 2 -4 months, depends how fast they work.

If PC was of opinion that points awared at Court i.e. for speeding anything between 3 and 6, would take you over into totting he was wrong as FPN is only 3 making as you say 11 on your DL:

But there again the PC by law does not have to issue a FPN it only states that HE MAY.

Nothing ventured, nothing gained route then consider letter:

Your address


Address of Magistrates Court Area or P.Fiscal if Scotland area concerned.

Date

Dear Sir,

At (time)on (date) I was reported by PC xxxxxx for travelling at 43 mph in a 30 mph limit on (name of road and place)

I understand that this offence could have been dealt with by Fixed Penalty Notice i.e pay £60 and have 3 points entered on my Licence. I was not given this opinion.

Whilst I have eight active points on my Licence an extra three means that ' 12 point totting' rule will not apply and consequently does not debar the issue of a FPN.

I will therefore, at Court be additionally penalised by the extra costs involved by the case being heard at Court. As I am willing to accept a FPN there will be a saving in the Courts costs and time.

I therefore ask that you re consider the decision to prosecute and substitute a Conditional Offer in its place.

Yours faithfully.



I understand that this has worked in the past.

dvd

G20RG B

Original Poster:

2,537 posts

118 months

[news] 
Friday 18th May 2007 quote quote all
Dwight, Thank you for your reply,

Their was no mention from the officers about driving without due care, would duecare apply for doing 43 in a 30?

The police did say they would refer it to the court and they were pretty sure that it would result in a BAN. I cannot understand why they didn't just issue me with a fixed penalty. Perhaps the mistake I made was telling them when I was asked "how many points do you have" I replied honestly with 8.

All I really want is it to hurry up and go to court so I can move on with my life and put my wife and kids out of this uncertanty.

I can see the benifit of your suggestion with the letter but really I wouldn't want to do anything that would aggrivate the situation. I will give it some thought over the weekend.

G20RG B

Original Poster:

2,537 posts

118 months

[news] 
Friday 18th May 2007 quote quote all
Dwight, Thank you for your reply,

Their was no mention from the officers about driving without due care, would duecare apply for doing 43 in a 30?

The police did say they would refer it to the court and they were pretty sure that it would result in a BAN. I cannot understand why they didn't just issue me with a fixed penalty. Perhaps the mistake I made was telling them when I was asked "how many points do you have" I replied honestly with 8.

All I really want is it to hurry up and go to court so I can move on with my life and put my wife and kids out of this uncertanty.

I can see the benifit of your suggestion with the letter but really I wouldn't want to do anything that would aggrivate the situation. I will give it some thought over the weekend.

SS2.

8,103 posts

125 months

[news] 
Friday 18th May 2007 quote quote all
G20RG B said:
I can see the benifit of your suggestion with the letter but really I wouldn't want to do anything that would aggrivate the situation. I will give it some thought over the weekend.

With respect, you don't want to (or indeed can't) be doing anything until you have received a citation / summons from the PF. And there is absolutely no guarantee of this happening..

Sorry to say, but all you can do at this point in time is sit and wait..

Dwight VanDriver

6,583 posts

131 months

[news] 
Saturday 19th May 2007 quote quote all
Bear in mind SS2 that once the summons has been served then it will Court at which uin addition to the penalty imposed by the Bench then additionally there will be prosecution costs which could take it over into 3 figures.

Deal or no deal?

dvb

SS2.

8,103 posts

125 months

[news] 
Saturday 19th May 2007 quote quote all
Dwight VanDriver said:
Bear in mind SS2 that once the summons has been served then it will Court at which uin addition to the penalty imposed by the Bench then additionally there will be prosecution costs which could take it over into 3 figures.

I hear and accept what you are saying DVD, but there are stated items about this case which don't quite stack up. Accordingly, I remain to be 100% convinced that ANY further action will be taken. If that is a possibility at this moment in time, then perhaps a period of dipping below the radar may be in order..

If it were me, I'd leave well enough alone for the moment and see what pans out. If a citation were to arrive, then an early guilty plea and a version of your letter would be winging its way forthwith to the PF. No doubt I'd be smartly dressed on the day of the trial, polite and contrite, indicating that I would have been more than happy to pay the FPN etc etc. Accordingly, I'd hope for some sense from the bench and a sentence in line with a FPN - worst case with the addition of maybe £35 court costs..

UK_WS6

2,921 posts

91 months

[news] 
Saturday 19th May 2007 quote quote all
SS2. said:
G20RG B said:
I can see the benifit of your suggestion with the letter but really I wouldn't want to do anything that would aggrivate the situation. I will give it some thought over the weekend.





With respect, you don't want to (or indeed can't) be doing anything until you have received a citation / summons from the PF. And there is absolutely no guarantee of this happening..



Sorry to say, but all you can do at this point in time is sit and wait..





,

,

Just wait,

Sounds like they just wanted to scare you,

Sounds like there will be no points or fine,

primary function here seems to ensure you were a boafide driver with all the required docs.

ie, giving you a producer.



heebeegeetee

21,709 posts

135 months

[news] 
Saturday 19th May 2007 quote quote all
My understanding is they have to get you into court within 6 months of the offence. You'll have to wait until 5 months and approx 3 weeks before you'll know if you're clear or not.

Dwight VanDriver

6,583 posts

131 months

[news] 
Saturday 19th May 2007 quote quote all
Longer than that HGB

Providing they lay the information within 6 months no time limit on when the summons has to be served.

English law and I believe its the same north of the border.

dvd

SS2.

8,103 posts

125 months

[news] 
Saturday 19th May 2007 quote quote all
Dwight VanDriver said:
Providing they lay the information within 6 months no time limit on when the summons has to be served.

English law and I believe its the same north of the border.

dvd

boxedin That's not quite as I understood it, DVD..

In Scotland, as in England, proceedings have to be commenced within 6 calendar months, true.

However, the definition of 'commencement of proceedings' differs depending on which side of the border you sit..

In England, proceedings are commenced when an information is laid.

In Scotland, proceedings are typically commenced by the actual service of a citation by postal or personal service or by the issuing of a warrant to arrest the defendant (to bring them before the court).

In practice, commencement of a straightforward Scottish case would only see overrun of the 6 month limit as a result of the time taken to effect postal or personal service of a citation.

In England, the summons can be served several (many) weeks outside of the 6 month limit..


Edited by SS2. on Saturday 19th May 20:52
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