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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 have had a card from police Scotland put through my door

Resolved Question:

I have had a card from police Scotland put through my door for a speeding offence which I didn't pay in time I have contacted police Scotland tonight and been told the officer that issued it was on annual leave and to go to the local police station I have went they're this evening and the we're unable to find the summons but the officer advised she believed my court appearance was tomorrow at 10 am this is the first correspondence I have received regarding the court date do I need to appear ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What was the limit and what was your speed please?
Customer: replied 2 years ago.
30 mph was the limit and 42 was my speed
Expert:  Jo C. replied 2 years ago.
Do the police have the correct address for you?

So you didnt' receive a summons?
Customer: replied 2 years ago.
Yes they had the correct address but I wasn't in last nite and never came home until this evening when I received the card I tried to contact the officer as instructed on the card
Expert:  Jo C. replied 2 years ago.
Thanks.

I don't think you need to worry too much about this. At least, obviously you don't want to be summonsed and that is understandable.

However, you won't get into any trouble if you act swiftly for two reasons. The first is that the summons isn't properly served upon you. You cannot be expected to attend court if nobody tells you that you are due there. The second is that you are not on bail anyway so are not committing an offence save for very theortical contempt of court which isn't made out here anyway because nobody has served a summons on you.

Proceeding on the basis that you are due in court tomorrow and don't go then that would lead to a finding against you probably. You cant always apply for it to be reopened on the basis that you didn't receive the summons. Then even if you do plead guilty again, at least the costs would be reduced.

You don't have to attend court on a speeding offence but what you do need to do to avoid costs is indicate a plea in writing which you haven't done. However, its not your fault.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Should I contact the Fiscals office in the morning ? If I don't attend or contact them could I be arrested ? Thanks for your hel
Expert:  Jo C. replied 2 years ago.
Not if you are on a summons. Its different if you are on bail although I cannot see here how that could be enforced either as nobody has told you that you are due in court.

You can contact the PF in the morning and try to get a date.

If you are convicted in absence though you need to go to the court and apply for reopening.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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