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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 ?
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
Yes but what date is the information on the summons - it should be there?
the case is to be held on the 09/04/2015
On the summons it should have a date or date of information?
looking closely at the document i have received it does not appear to be the usual court summons , Instead it says "POSTAL REQUISITION"
Yes, but there must be a date of summons or date the information was laid?
the document i have sent is the only document i have with a court date on ?
Ok. Is the summons dated? Ie date of issue?
I can't see the whole document or other pages
no there does not seem to be a date of issue, just that the case will be heard on the 9th ?
Ok, well there are sadly in time anyway
Even if you needed to give information because of speeding on 12/8/14 6 months from then is 11/2/14
They only need to ISSUE the summons within 6 months, not hear the case
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
Can I clarify anything for you about this today please?
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 .
Sadly its not 4 weeks to a month as that is a lunar month. Its 4.3 weeks (or thereabouts) to a month.
just an after thought if i received this paperwork after the 11/2/15 ....could they do anything ?
But you have.
Its 7/2/15 and you have gotten the summons
yes i understand that ...just for future refrence
Great. Can I clarify anything else for you today please?
Remember the Police have stamped when it was sent out (summons). Its deemed served 2 days after posting first class
makes no odds but i received it this morning and it was dated the 4th but as i say no importance
It seems they are in time
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