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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice
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I was "caught" doing 80 on a motorway (M180 near Sc**thorpe).

Customer Question

I was "caught" doing 80 on a motorway (M180 near Sc**thorpe). I accepted the "offence" after some correspondence between me and the police, however the police had my licence for a previous offence, so I sent the cheque and the completed form but couldn't send the licence. They said it had been returned but sent me a form to claim the cost of a replacement from the post office. before I did this the licence arrived and I was waiting for further instructions from the police as to what to do, heard nothing and forgot all about it. However I recieved a court summons recently just over 6 months from the offence and don't know what to do. The witness statement from the police is almost completely unintelligle
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this. What would you like to know about this?
Customer: replied 3 years ago.

well I don't believe I was doing 80 but was possibly speeding and to avoid a court summons I was willing to accept the 3 points and 60 pounds fine and completed the relevant form to that effect. However with the confusion over the licence I have now received the summons, So really 3 questions:


 


1) as it is over 6 months since the offence is the summons enforecable


2) if it is can I now contest the 80 miles an hour having been prepared to accept the points originally


3) if it isn't enforcaeble what do I do

Expert:  Jo C. replied 3 years ago.

Thanks.

1 The issue is not whether the summons is over 6 months but whether the information was laid at the court within 6 months. Usually the summons is issued a short time afterwards.

2 Yes, you can still plead not guilty although obviously whether you should or not is another matter. The fact that you were willing to accept the points won't be used against you in a trial.

3 You just speak to the clerk on the morning of court and make the point that the Crown are time barred - if, of course, they are.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


Hi


 


How will I know if the court is time barred? The only date on the any any of the forms I have received is the "proof by written statement" by the CI, dated 29th November.


 


If I do plead not guilty by post now can I ask the court to provide thePC's witness statement again as I just cannot read what has been provided to me.

Expert:  Jo C. replied 3 years ago.
What was the date of the offence?

You just attend court and ask the Clerk upon what date the information was laid.

The handwritten notes of police officers are notoriously bad. I'm afraid they will not type them up for you though so you've had the only form in which they will serve this statement. They stopped typing up notes many years ago.
Customer: replied 3 years ago.

Thanks


 


The date of the offence was the 9th of May and the summons was received on the 30th November.

Expert:  Jo C. replied 3 years ago.
They may well be in time then.

If the information was laid before the 9th November then they would be in time. Summonses often take a few weeks to turn around since Magistrates Court staff don't tend to work until the job is done.

Its worth checking though anyway.
Jo C., Barrister
Category: Law
Satisfied Customers: 69380
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks for your help

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’

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