omega0684
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| posted on 17/7/08 at 11:11 AM |
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i've been summond to court!!!!
hi there chaps,
i need some advice, i got court speeding in february time for exceeding a 40mph limit, (seriously tho genuine mistake), it was in a works cars, and
they new it was me because i logged the car out. i was driving on the A51 tamworth going from lichfield to tamworth. anyway, i got a letter through
the post the other day saying that i have to go to staffordshire courts on 2 accounts,
1) failing to give evidence that may lead to the conviction of the driver.
2)exceeding the speed limit of 40 mph
the second one i am fine with but the first im not, they sent me a few forms with exhibit A & B stamped on them, but i have never seen before and
im assuming that they were forms that i was supposed to fill in and send back to the staffordshire police. how can they make an allegation on the
assumption that you have received these documents? i have had nothing from the police or from the company i used to work for.
where do i stand?
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Paul TigerB6
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| posted on 17/7/08 at 11:17 AM |
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Give the court office a ring and explain that it was a works car and you never got anything through prior to this current summons. They will probably
ask you to write in confirming what you have said and if you confirm you were the driver i'd imagine they would save the court's time by
dealing with it as a fixed penalty notice.
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JamJah
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| posted on 17/7/08 at 11:17 AM |
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might be worth arranging an appointment or telephone call with someone from the speeding fines unit of your force. i think legally they have to
explain what you are being accused of.
i guess it is that either you didnt declare to the company you had knowledge of being caught (geniuenely could be a mistake but still is like saying i
didnt see the speed limit changing ie due care) or that the police had issues finding out who it was who was speeding.
This is personal advise or personal opinion.
Constructive comments gratefully recieved, picking is left for noses.
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coozer
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| posted on 17/7/08 at 11:19 AM |
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Was it a camera or a traffic car? How fast were you going BTW?
Just wondering as the traffic cop would have given you a fixed notice.... but if it was a camera how did it know it was you in a company car.
In the case of a company/pool car the owner must inform on the driver so thats down to them.
Have any of the timescales been exceeded that may let you wiggle out on a technocality??
1972 V8 Jago
1980 Z750
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Mr Whippy
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| posted on 17/7/08 at 11:19 AM |
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if it was a company car then I would have assumed the letters would have been sent there as that would be the registered address.
probably still on some blonde HIR girls desk being used as a note pad
jail for you I'm afraid
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jabbahutt
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| posted on 17/7/08 at 11:19 AM |
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I'm certainly no expert so check this. There was a case last year that was getting a lot of publicity in the news about a bloke with a classic
car who was zapped by a camera.
His defence was that in British law you shouldn't be forced to provide information that will then be used against you (i.e telling them it was
you driving) his defence was that British law is innocent until proven guilty and the onus is on the police to prove you were driving not the other
way around.
May be worth a google check or maybe some one here knows more about it. Last I heard it was going to the court of human rights.
Best of luck
Nigel
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iank
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| posted on 17/7/08 at 11:22 AM |
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I'd phone them up, explain you never received the forms - ask where they sent them - if it's the company address and they were never
passed on then the company that has failed to identify (though they obviously have).
If sent to you I believe they send all the forms etc. with the equivalent of a proof of posting rather than registered post. If it gets to court they
will have to convince a magistrate that the PO is reliable...
If you're happy to take the points and fine for the speeding and say you'll fight the failing to give evidence charge. I suspect
they'll drop it as they will want to avoid the hassle and expense.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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jabbahutt
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| posted on 17/7/08 at 11:22 AM |
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http://www.trafficlawyer4u.co.uk/speedingCase.htm
worth a read
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JAG
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| posted on 17/7/08 at 11:23 AM |
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I'm currently involved in a similar thing.
BAD NEWS; The Police do not have to ensure you recieve the summons or any letter they send. If it has been posted to the correct address (they may
have proof) then you are assumed to have recieved it! (Tossers eh!)
I would try ringing the court and explaining what has happened. I would also contact the company you were working for at the time. If they recieved
the doc's but did nothing with them (they didn't contact you etc...) this may help your case - especially if they will sign something to
this effect.
Justin
Who is this super hero? Sarge? ...No.
Rosemary, the telephone operator? ...No.
Penry, the mild-mannered janitor? ...Could be!
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mookaloid
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| posted on 17/7/08 at 11:26 AM |
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Might be some stuff here 
"That thing you're thinking - it wont be that."
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omega0684
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| posted on 17/7/08 at 11:27 AM |
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coozer,
they are claiming that i was going 60 in a 40, the road was leading out of the suburbs and into the country. i reckon i was doing about 50 at most,
and it was a mobile camera van that caught me.
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Benzine
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| posted on 17/7/08 at 11:29 AM |
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U DUN BAD 2
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Dangle_kt
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| posted on 17/7/08 at 11:49 AM |
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Can you prove that you could see the national speed limit signs from where they snapped you?
I think you are allowed to accelerate TOWARDS the national speed limit signs....
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iiyama
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| posted on 17/7/08 at 11:50 AM |
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The above is NOT true. If your in a 30 heading toward NSL signs and accelerate toward 60/70 mph then you are speeding within a 30mph zone.
If its broke, fix it. If it aint broke, take it apart and find out how it works!
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adithorp
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| posted on 17/7/08 at 12:05 PM |
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i had a similar thing 18 mounths ago in my work van. I as the company retuned the first form infoming on myself as driver. That was the last I heard
of it untill the court summons.
I phoned the court and they said send an explination to court or appear in person and explain. I sent the letter and it was dealt with in my absense.
£100 and 3 points (first in 23 years).
Staffordshire do driver awareness lessons as an alternative to points/fine I think.
adrian
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woodster
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| posted on 17/7/08 at 12:15 PM |
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quote:
Originally posted by Mr Whippy
if it was a company car then I would have assumed the letters would have been sent there as that would be the registered address.
probably still on some blonde HIR girls desk being used as a note pad
jail for you I'm afraid
Its always comes back to office girls with you Mr Whippy
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Mr Whippy
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| posted on 17/7/08 at 12:25 PM |
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quote:
Originally posted by woodster
quote:
Originally posted by Mr Whippy
if it was a company car then I would have assumed the letters would have been sent there as that would be the registered address.
probably still on some blonde HIR girls desk being used as a note pad
jail for you I'm afraid
Its always comes back to office girls with you Mr Whippy
says the guy with a naked butt as his avatar, I worry where Brown is wanting to put that thumb  , anyway I'm surrounded, what you expect??
[Edited on 17/7/08 by Mr Whippy]
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jimgiblett
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| posted on 17/7/08 at 12:53 PM |
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My understanding of the process is that a notice of intended prosecution will be sent to the registered keeper of the vehicle. The recipient will
then either state it was them driving or name the driver the form will then be sent back. If the vehicle is company owned they should have records to
identify who was driving at the time of the alledged offence. A new NIP will then be issued to the named driver. If they admit the alledged offence
then a fixed penalty will be issued. If the form is not returned a summons will be issued.
It sounds to me that your employer has indicated that you are the driver but you have either not received or failed to reply to the 2nd issue NIP.
As Paultiger6 says I would speak to the clerk of the court for advice. Telling them the circumstances and that you would like to plead guilty. It is
unlikely that the process with the summons can be reversed and you may wish to attend court. I dont know what 60 in a 40 will bring in points and you
may want to take qualified legal advice.
- Jim
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