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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I was caught doing 49mph in a 30mph back in Oct 2014

Resolved Question:

Hello I was caught doing 49mph in a 30mph back in Oct 2014 in Wales, I have only now just recieved a court summons 9 months later! Is there a 6 month time limit that the Police have to process this offence? Should I challenge on these grounds?
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.
Are you summonsed for speeding or failing to identify? Or both?
Customer: replied 2 years ago.

It is a summons for speeding, I was caught by policeman holding a speed camera. I stopped and accepted my ticket on the spot. The dispute I have is that they have taken so long to respond to me.

I had the ticket issued roadside in October 2014, heard nothing and then have received a summons to appear in court on July 8th in South Wales.

Do you think I have grounds to challenge based on the time it took for them to send me any correspondence after the offence?

Expert:  Jo C. replied 2 years ago.
No, that isn't the issue.
You were stopped at scene and so there is no need to issue a NIP within 14 days. They only have to do it either verbally at the time or within 14 days.
The summons itself is actually probably in time. They do not have to physically produce you in court within six months. They have to lay an information within six months. They would have had until May to do that. Given that you have received a summons recently they probably did. The summons is usually a few weeks after the information was laid. It would be worth checking that at court but I wouldn't bet anything valuable upon it. I have caught them out on occasions before but not often.
Can I clarify anything for you?
Jo
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