Question re. summons - help please
Discussion
My other half has received a summons for speeding. Firstly, his date of birth is incorrect, and secondly, (and probably more importantly) they have sent copies of documentary evidence. Before signing the NIP, we were unsure as to the driver and sent numerous letters saying this, including, following returning the signed NIP, a letter saying the NIP had been completed on the basis of who we THOUGHT had been driving. None of these documents are enclosed. Does anyone know if they should be? Have they just ignored them? Separately, the summons gives various options inc. pleading guilty by letter - would it look bad to the Court if he did this? Is he expected to attend? Any advice much appreciated!
Hi tamgirl,
As i have stated elsewhere, go to www.pepipoo.com/NewForums2/index.php this website and post there.
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As i have stated elsewhere, go to www.pepipoo.com/NewForums2/index.php this website and post there.
I guarantee you will get invaluable advice.
I though they had to send all relevant details - when I fought the law (& I won), I got the photo's.
Incorrect DOB isn't an issue, they'll change it on the day to match.
BAsically, have you got the pix? can it be seen who is driving? are you both insured to drive? would you like to make a stand, and take oath that you don't know who was driving?
If you have the nerve, and the ability to take it all the way - then tell them that you don't know who was driving. This places them in a awkward spot, and you may just get let off........
Good luck!
C
Incorrect DOB isn't an issue, they'll change it on the day to match.
BAsically, have you got the pix? can it be seen who is driving? are you both insured to drive? would you like to make a stand, and take oath that you don't know who was driving?
If you have the nerve, and the ability to take it all the way - then tell them that you don't know who was driving. This places them in a awkward spot, and you may just get let off........
Good luck!
C
tam girl said:
My other half has received a summons for speeding. Firstly, his date of birth is incorrect, and secondly, (and probably more importantly) they have sent copies of documentary evidence. Before signing the NIP, we were unsure as to the driver and sent numerous letters saying this, including, following returning the signed NIP, a letter saying the NIP had been completed on the basis of who we THOUGHT had been driving. None of these documents are enclosed. Does anyone know if they should be? Have they just ignored them? Separately, the summons gives various options inc. pleading guilty by letter - would it look bad to the Court if he did this? Is he expected to attend? Any advice much appreciated!
Like whats been said the DOB isnt an issue as it will be changed on the day.
The other documents that were sent by yourself with the NIP are non evidential so do not need to be disclosed. They do not need a copy of thi NIP unless someone else named him and he disputed the nameing of the NIP.
When you filled in the NIP did he state himself as the driver?
They may have ignored them but it depends who was named on the S172 notice. As ultimately the person that was named will be held responsible unless the person named, decides to name someone else, in that case if there is a dispute they will summons them both.
He is required to attend court on the given date unless he goes guilty by post, it makes no odds wether he pleads guilty by post or in person, but if he already has points and is looking at a ban then it is better to go in person for mittigation.
If he does not attend and does not go guilty by post they could find him guilty in his abscence or place a warrant for his arrest.
Gareth
gone said:
Even if it is (slightly) over 30 mph over the limit? (He has a clean licence at present). Thanks.
60mph in a 30mph?
or
100mph in a 70mph?
either way, I think he will be required to attend and explain why he should not lose his licence for a short while!
98 in a 60. The form gives him the option to plead guilty by post but not sure if this would look bad, bearing in mind the speed.
I think if he pleads guilty by post, the Magistrates may well adjourn the case and require him to attend. That is my feeling. I may be wrong but he needs to be prepared for that to happen.
If he can get away with pleading through the post, then get him to do it and accept what they give him gracefully.
Nearly 40mph over a limit is asking for considerable inconvenience whether by financial means or removal of licence or both.
If he can get away with pleading through the post, then get him to do it and accept what they give him gracefully.
Nearly 40mph over a limit is asking for considerable inconvenience whether by financial means or removal of licence or both.
tam girl said:
Thanks Gone. Is there anything he can put in the mitigation section of the form that may help? Under the means section, presumably he just lists his net monthly income and outgoings.
He could put anything he likes in there as long as it is believable or it can be corobborated if necessary.
I would keep it to a bare minimum. He needs to try to paint a picture of someone who drivessensibly all the time and this was just a 'rush of blood'!
How was he caught and for what distance was he checked?
If he was followed for 3 miles by a patrol car, he will have to have some pretty serious reasons for the speed over that distance.
If he was pinged on a camera, then he must show that "The speed was but for a moment and no more when the camera was activated because....."
If he puts too much detail in the mitigation section, he is likely to be called to explain!
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