Got the Summons this morning for 39 in a 30 (I know not the end of the world, but i want to get off if I can).

 

The Offence date is the 2nd August 2003, the summons arrived this morning 17th Feb 2004, I have read on the net that they cant do you after 6 months, also enclosed is the statement by the officer opperating the gun, dated 3rd Feb 2004. I have already had the photos of the alleged offence sent to me and the reg is only readable on the first pic, and not the second. They also say they have video evedence (I guess i can request a copy of this too??).

 

Id rather pay a solicitor a couple of hundred quid than give it to the bloody motorist robbing courts and police.

 

All information greatly recieved.

 

Thanks.

They have 14 days to issue you with a NIP (notice of intended prosicution) did you get one?

 

its over 6 months anyway, I don't think they can do anything, don't hire a solicitor, send them a letter informing them of them being wrong, if they reply, send a solicitors letter.

Ive got 7 days to reply to the summons, yes i got the NIP within 14 days of the offence.

I think its 6 months within them receiving your NIP back,

 

im talking to a copper now, but his opinion is "you've broken the law it doesnt matter if we do paperwork wrong"

A stated in another post, if you were given a NIP within 14 days of the offence then they have got you :( The police officer has then got up to 6 months to present this and his notes to the court's. The courts can then take as much time as it takes to summons you to court:( (they dont have a time line to work on).

If you are at all unsure b19rks then speak to a solicitor mate, cos speeding in a 30 zone is frowned appon more mate...:(

im talking to a copper now, but his opinion is "you've broken the law it doesnt matter if we do paperwork wrong"

 

Is he wagging his finger aswell??? :nono:

copper handbook says

 

"While it is possible to delay the whole prosecution process for many months or years by demanding proof of technical and legal data about the camera, arguing that the driver cannot be ascertained and s o forth, such delay is usually simply postponing the inevitble. and for an example of the dim view that the courts will take to the delay"

also if there were two police officers at the scene they do not need video or photographic evidence, not even a radar readout

When I was at the magistrates, when someone was summoned to court more than 6 months after the NIP was submitted, he was dismissed on a technicality. There was no officer present though and it was for going through a red light. I would send them a letter saying that it's 6 months from when the NIP was issued, and then state the law (this is where knowing solicitors/lawyers as friends come in - doh :slap: ). Save you an appearence in court.

Berks - the 6 months thing is correct - I got off losing my license because of it.

 

Oh yeah - and the police pay your solicitors costs if you are let off on a point of law, like mine ;)

 

Pete

Try posting the same question on here:

 

http://www.pistonheads.com/gassing/forum.asp?f=10&h=0

 

HTH

 

Tim

Just spoke to my mate who worked for the met (in the traffic dept), he said on the bottom of your paperwork will be a date the the Police "laid" the information to the courts, it has to be within 6 months of that date. If you can scan the paperwork, then he'll look at it.

 

Vijay

Make sure u get the video evidence too, they have to provide it if asked for.

Mate i know its a hassle but dont give up! Please look at http://www.pepipoo.com

there is loads of helpfull accurate information there.

Was it a long standing 30mph speed limit on that road or has it recently been reduced to 30?

Keep us updated mate.

Trevs, it was reduced but i think quite a while ago now, used to be a 40 too!!! Deffo over a year id say though.

 

Vijay, send us your e mail and ill see if i can scan them and send them to you, cheers buddy.

http://www.safespeed.org is another good site :)

 

Good luck mate

vij@dsl.pipex.com