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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was cautioned for a motoring offence on the 25th June 2012

Customer Question

I was cautioned for a motoring offence on the 25th June 2012 and received a summons to appear in court on the 7th January 2013 for an appearance in court on 6th March 2013 is there a statute of limitation regarding the time element involved
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Apparently a motorist claims I lost some scrap metal being part of the load I was carrying in a roll on roll off container which was covered with a net a Police officer interviewed me 3 days after the alleged offence on the 25 June 2012 where I was given the caution and was informed that I be reported for the offence I heard nothing until a summons arrived on Jan 7th 2013 so was wondering if due to the time involved of more than 6 months before being informed of the court appearance that this case exceeded any time statutes


 

Expert:  Jo C. replied 3 years ago.

Whats the offence?
Customer: replied 3 years ago.

this is the offence I have been summoned to appear in court for as taken from the summons


 


On 22/06/2012 at Ammanford used on a road namely A483 Tycroes Ammanford a motor vehicle namely Volvo Lorry CU51 CYW on which was carried a load which was so secured that danger or nuisance was likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from it


Contrary to regulations 100(2) of the Road Vehicles ( Construction and Use ) Regulations 198y6, section 42 of the road traffic act 1988 and schedule 2 to the Road Traffic Offenders act 1988


 

Expert:  Jo C. replied 3 years ago.

That is an offence that is summary only which means they have six months to get it into court.

However, the issue is not the date upon which you were informed. The issue is the date upon which they laid an information before the court.

The fact that you didnt get it until January does tend to suggest that they may be out of time but its no guarantee that it is. They would have had to lay it by the 22nd December if the offence was on the 22nd June and it might have been tied up in the Christmas period.

You need to find out whether the information was laid in time at court.

If they are out of time then you would seem to have a challenge.

Hope this helps.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Just looking at the summons again I have noticed that the date of information was 13/12/2012

Expert:  Jo C. replied 3 years ago.
Yes, I suspected that would happen. Unfortunately the Court service is not brilliantly efficient at the best of times and over Christmas nothing gets done swiftly.

Unfortunately they would be just in time then.
Customer: replied 3 years ago.

many thanks for your advice and help i will rate your response many thanks again Ant

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.

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