6 months on - no summons!

[judas]

Six months and 8 days ago the Tuscan got scamera'd (42 in a 30) but we weren't sure who was driving so I politely wrote asking for more information, to which I received a picture of the back of the car with no information on where the camera was when it was taken. Further correspondence ensued asking for more details as those provided thus far where not enough for me to be able to identify the driver. The response was the standard "we're passing your details over to the CPS for consideration of prosecution for failure to identify" snotty letter.

It's now over six months since the alleged offence and no summons has been forthcoming. As I understand it they have to issue the summons within six months of the date of the offence. Is this correct? If so then [mr burns]excellent![/mr burns]

[justme]

You played it smart.
Bought time, kicked the ball back into their court and then some more.
They're lazy people, don't want hassles, confrontations and expenses - just the easy money from the sheep.
You were a bit difficult, a 'troublemaker' perhaps.
No probs, they'll move to the next easy picking...

[kevinday]

You are not quite correct, the information has to be laid within six months, before the magistrate who will/will not issue the summons. The summons can then be served at any time after issue, no time limit of serving before six months.

However I would say that as you took reasonable efforts to identify the driver the chances are they have decided not to proceed.

BTW I am not a lawyer, just a PH regular with (hopefully) a reasonable memory!

[gixxer1000]

Yep, agree with Kevinday. All they have to do is serve papers to the court within 6 months. You could yet receive a summons, and it could take months before they get around to it.

Not sure if there is some way of finding out if the papers have been served to the court? Perhaps someone else can comment.

[jeffreyarcher]

gixxer1000 said:

Not sure if there is some way of finding out if the papers have been served to the court? Perhaps someone else can comment.

You can ask the listings department of the court. The problem usually is ascertaining with certainty which court!

[justme]

One could be in another country.
Let the UK courts go their way, come up with whatever.
When one comes back and reads their correspondance (bit dated now) they contact the court and plead ignorance about the whole she-bang.

Cancel everything, and off they start again (but will they?)

Alternatively one could decide not to respond to this sort of mail. Be selective, it's a free society...

>> Edited by justme on Monday 15th September 12:31

[madcop]

Judas.

Phone the Administration of Justice Dept and ask them what is happening.
The NIP was issued within time I imagine.
If no summons/information has been laid within the 6 months, you can forget it. They should tell you whether that is the case.

[judas]

Thanks - I'll do just that!

[mel]

Oh and let us know what happens as I'm in almost an identical situation. Except it was for 2 NIPS. Myself and my wife got one each on the same day for the same camera at the end of our road "that is always dead" (apart from that day obviously ) This was last November and the NIPS were in date. Anyway it was before all the "no sign" stuff came out so I sent them both back filled in the same way giving us both as the named driver and the owner drivers on each form and saying it could have been either of us and we didn't know so could we be sent photographs. Anyway I got a letter saying no but I could come and view them on a special machine at the ticketing office (I ignored this offer as the photo of the Griff with the roof off would have shown either a 6'2" bloke with short dark hair or a 5'7" woman with long blonde hair and we didn't really want to see any proof) So another two NIPS arrived for us both to fill in again with a letter saying they had to be filled in correctly. I ignored this lot and just thought bollocks I've filled them in once already and thats all I've got to do by law. Anyway haven't heard a word since and thats 9 months now.

[judas]

Called the Administration of Justice Department and they wouldn't tell me anything over the phone because of the Data Protection Act , so I have to write in to find out . Watch this space...