It's all gone terribly quiet...
Discussion
Last June I received a NIP for 100mph in an NSL (single carriageway) to which I replied stating it was me. Since then I have heard nothing. I appreciate there is no maximum timeframe for summonsing me but what is usual in these circumstances. Nearly eight months after the event seems quite a long time.
My intention was to go to court and plead guilty but ask that mitigating circumstances be taken in to consideration i.e. 'I was overtaking, visibility good, dry smooth exceptionally wide road,' I had no intention of using the 'and your van was parked illegally and such that it could not be fully seen and there were no warning scamera signs'.
As you can imagine I am unwilling to remind the powers that be by chasing things up but wondered whether there is a possibility that if they have other cases from the same date fail they have decided not to proceed and not told me or seen that I was clocked on the right hand side of the road and obviously overtaking and decided similarly. Do they have an obligation to tell me if the case has been dropped?
The problem it raises is that I am planning on changing cars and many insurers ask whether one has any outstanding prosecutions and if you say yes won't even provide a quote until they know the extent of the points/ban. In some ways I would almost rather get it over with so I at least know where I stand (at a bus stop probably). Any advice gratefully received.
My intention was to go to court and plead guilty but ask that mitigating circumstances be taken in to consideration i.e. 'I was overtaking, visibility good, dry smooth exceptionally wide road,' I had no intention of using the 'and your van was parked illegally and such that it could not be fully seen and there were no warning scamera signs'.
As you can imagine I am unwilling to remind the powers that be by chasing things up but wondered whether there is a possibility that if they have other cases from the same date fail they have decided not to proceed and not told me or seen that I was clocked on the right hand side of the road and obviously overtaking and decided similarly. Do they have an obligation to tell me if the case has been dropped?
The problem it raises is that I am planning on changing cars and many insurers ask whether one has any outstanding prosecutions and if you say yes won't even provide a quote until they know the extent of the points/ban. In some ways I would almost rather get it over with so I at least know where I stand (at a bus stop probably). Any advice gratefully received.
Yep, if papers aren't laid at court within 6 months then you're in the clear. I guess the only negative possibility is if the summons has been lost in the post or something.
It might be worth checking with the relevant court that no papers have been laid, but before doing so I'd consult the wealth of knowledge that is www.pepipoo.com
It might be worth checking with the relevant court that no papers have been laid, but before doing so I'd consult the wealth of knowledge that is www.pepipoo.com
If the 'information' is not laid with the court within 6 months of the offence date then a prosecution cannot be brought. From what you've said, it's likely you're in the clear but it is possible that a summons has been raised and issued but not served.
Find out the name of the court which would deal with speeding matters for the relevant region and call them to ask if any matters are listed against your name. If noy, you are in the clear. If a summons has been issued but not served, wait for the summons to arrive then get over to www.pepipoo.com/NewForums2/index.php read up on the advice there and post in the Judicial Process forum.
Find out the name of the court which would deal with speeding matters for the relevant region and call them to ask if any matters are listed against your name. If noy, you are in the clear. If a summons has been issued but not served, wait for the summons to arrive then get over to www.pepipoo.com/NewForums2/index.php read up on the advice there and post in the Judicial Process forum.
Thanks for the info folks. I'll get onto the court and see if they have me on their list as it sounds like if they haven't I'm home and dry :drink
As a matter of interest how does a summons normally arrive. Is it post or does it have to be placed in your hand as per bad Hollywood movies?
As a matter of interest how does a summons normally arrive. Is it post or does it have to be placed in your hand as per bad Hollywood movies?
Normally through the post. Its not quite 6 months from the offence date, its 6 months from the NIP I think.....best check www.pepipoo.com as I think I'm wrong about that...
An Information (accusation that an offence has been committed) has to be laid within 6 months of the offence comming to the notice of the Prosecutor and with a maimum time limit of 3 years.
Once laid summons can be served anytime after the 6 months.Obviously the longer the dealy in dealing with matters opens up an avenue for criticism.
Date Information laid will appear on summons.
Service of summons can be:
Personal service,
Leaving it with another person at his/her last known ,or usual place of abode, or
Posting it to the usual place of abode.(Note no stipulation on method pf posting like a NOIP).
Good advice to check with whoever sent the papers as
1. They have may discontinued as a result of faults at their end, or
2. Paperwork has been misdirected and summons taken and sent out but not known by recepient. Court can proceed in an accused absence if summons can be treated as having been served. Or if proved to have been served and a non appearance can go to a Bench Warrant of Arrest.
DVD
Once laid summons can be served anytime after the 6 months.Obviously the longer the dealy in dealing with matters opens up an avenue for criticism.
Date Information laid will appear on summons.
Service of summons can be:
Personal service,
Leaving it with another person at his/her last known ,or usual place of abode, or
Posting it to the usual place of abode.(Note no stipulation on method pf posting like a NOIP).
Good advice to check with whoever sent the papers as
1. They have may discontinued as a result of faults at their end, or
2. Paperwork has been misdirected and summons taken and sent out but not known by recepient. Court can proceed in an accused absence if summons can be treated as having been served. Or if proved to have been served and a non appearance can go to a Bench Warrant of Arrest.
DVD
Dwight VanDriver said:Is the prosecutor the CPS? If so does this mean that as long as the Police have provided the information to CPS within 6 months, I can theoretically receive a summons any time in the next three years!
An Information (accusation that an offence has been committed) has to be laid within 6 months of the offence comming to the notice of the Prosecutor and with a maimum time limit of 3 years.
Dwight VanDriver said:The only papers I have received is the original NOIP (dated 2/7/94). Should I contact Thames Valley Police?
Good advice to check with whoever sent the papers
Please excuse my ignorance DVD if I am misreading.
If it was dated 1994 forget it?????
Presume 2004?
Technically speaking if the evidence came to the notice of the Prosecutor tomorrow then ,yes 6 months on to lay the information and this can go on up to a max of 3 years. But,IMHO, as the Police can prosecute then this generally is within 6 months of an offence.
The fact that all you got was a NOIP doesn't mean that a prosecution will ensue. It is a safeguard for BiB so that he can carry out enquiries into an offence requiring NOIP over the 14 days and come back and prosecute if necesssary.
I would suggest as TVP sent it and nothing else from anybody else you have two options:
Do nothing, or
Contact and clear it up.
DVD
Presume 2004?
Technically speaking if the evidence came to the notice of the Prosecutor tomorrow then ,yes 6 months on to lay the information and this can go on up to a max of 3 years. But,IMHO, as the Police can prosecute then this generally is within 6 months of an offence.
The fact that all you got was a NOIP doesn't mean that a prosecution will ensue. It is a safeguard for BiB so that he can carry out enquiries into an offence requiring NOIP over the 14 days and come back and prosecute if necesssary.
I would suggest as TVP sent it and nothing else from anybody else you have two options:
Do nothing, or
Contact and clear it up.
DVD
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