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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my car was recorded speeding by a mobile speed van on the

Customer Question

my car was recorded speeding by a mobile speed van on the 12/8/2014 ,i received a letter in the post on the 18/08/2014 from the police informing of the offence. I have this morning 07/02/2015 now been issued with a court summons for failing to disclose the driver as i was not the driver and i cant prove who was,but the time from when i first received the letter to todays date has lapsed 6 months and 5 days . I am therefore wondering if i can be prosecuted as from what i understand a summons of intended prosecution needs to be lodged withing a 6 month window ?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : What is the date of information on the summons please?
JACUSTOMER-5o99khh6- :

Hi alexthe charges are fail to give information relating to the identification of the driver of the vehicle when required i believe it is under section 172 of the road traffic act

Alex Watts :

Yes but what date is the information on the summons - it should be there?

JACUSTOMER-5o99khh6- :

the case is to be held on the 09/04/2015

Alex Watts :

On the summons it should have a date or date of information?

JACUSTOMER-5o99khh6- :

looking closely at the document i have received it does not appear to be the usual court summons , Instead it says "POSTAL REQUISITION"

Alex Watts :

Yes, but there must be a date of summons or date the information was laid?

JACUSTOMER-5o99khh6- :

the document i have sent is the only document i have with a court date on ?

Alex Watts :

Ok. Is the summons dated? Ie date of issue?

Alex Watts :

I can't see the whole document or other pages

JACUSTOMER-5o99khh6- :

no there does not seem to be a date of issue, just that the case will be heard on the 9th ?

Alex Watts :

Ok, well there are sadly in time anyway

Alex Watts :

Even if you needed to give information because of speeding on 12/8/14 6 months from then is 11/2/14

Alex Watts :

They only need to ISSUE the summons within 6 months, not hear the case

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-5o99khh6- :

i understand the point you make however 6 months doe not mean 6 months as in jan ,feb,march etc as we have proven in court before . What i mean is 4 weeks to every month so if you count the days it totals up to more than 6 months . I will try this again in court with the barrister we used once before .

Alex Watts :

Sadly its not 4 weeks to a month as that is a lunar month. Its 4.3 weeks (or thereabouts) to a month.

JACUSTOMER-5o99khh6- :

just an after thought if i received this paperwork after the 11/2/15 ....could they do anything ?

Alex Watts :

No.

Alex Watts :

But you have.

Alex Watts :

Its 7/2/15 and you have gotten the summons

JACUSTOMER-5o99khh6- :

yes i understand that ...just for future refrence

Alex Watts :

Great. Can I clarify anything else for you today please?

Alex Watts :

Remember the Police have stamped when it was sent out (summons). Its deemed served 2 days after posting first class

JACUSTOMER-5o99khh6- :

makes no odds but i received it this morning and it was dated the 4th but as i say no importance

Alex Watts :

Sadly not.

Alex Watts :

It seems they are in time

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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