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HELP Plz speeding Fine

lynn44
lynn44 Posts: 1,096 Forumite
Part of the Furniture Photogenic Combo Breaker
Hi

Can someone advise me please, Is there a time limit when a county court summons should be issued ?
My friend got caught doing 55 in 30 :o
She has 6 points already on her license. But was caught on 12 Dec 07 was given 7 day wonder in which she produced docs etc,and heard no more until YESTERDAY 16th July 08. :eek: :mad: :confused:
When county court summons dropped through the door :(
I know she should except punishment, But her job as car hire manager is also on the line,Her home,Also her nan is very ill in hospital 95 mls away...
Any advice please ?
Thanks
I would love to be a Travel Agent :j
«1345

Comments

  • SPANIEL36
    SPANIEL36 Posts: 1,905 Forumite
    not sure myself but if you go on www.pepipo.com they will know the answer on there
  • https://www.pepipoo.com

    With that driving record I'm entirely unsympathetic tbh.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    lynn44 wrote: »
    Hi

    Can someone advise me please, Is there a time limit when a county court summons should be issued ?
    My friend got caught doing 55 in 30 :o
    She has 6 points already on her license. But was caught on 12 Dec 07 was given 7 day wonder in which she produced docs etc,and heard no more until YESTERDAY 16th July 08. :eek: :mad: :confused:
    When county court summons dropped through the door :(
    I know she should except punishment, But her job as car hire manager is also on the line,Her home,Also her nan is very ill in hospital 95 mls away...
    Any advice please ?
    Thanks

    If she was given a 7 day wonder, she was caught by a Traffic Officer, not a speed camera so the 14 day limit for a FPN does not apply. She would have been given a fixed penalty at the time of the offence or more likely, THE OFFICER WOULD HAVE SAID THAT THE SPEED WAS SO HIGH THAT HE WOULD BE REPORTING HER FOR THE OFFENCE AND NOT ISSUING A FPN.

    She either didn't respond to the FPN she may have been issued within 28 days or, and this is my bet, the officer reported her for summons instead and so now she has to appear before a magistrates court. I expect with that speed that she'll be looking at least at 4 points instead of 3 and an increased fine or a possible 28 day suspension of her licence. 55 in a 30 is completely unacceptable.

    If she fails to attend, a warrant will be issued for her arrest so it is in her interests to go.
  • rchddap1
    rchddap1 Posts: 5,926 Forumite
    30 limits are there for a reason and no-one should be doing a speed greater than that. Particularly not 55! Imagine how she would have felt if a child had run into the road and had been killed.

    In my mind (though I'm no expert) is to go, accept that she did wrong and take whatever punishment is dished out.
    Baby Year 1: Oh dear...on the move

    Lily contracted Strep B Meningitis Dec 2006 :eek: Now seemingly a normal little monster. :beer:
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  • BillScarab
    BillScarab Posts: 6,027 Forumite
    lynn44 wrote: »
    I know she should except punishment, But her job as car hire manager is also on the line,Her home,Also her nan is very ill in hospital 95 mls away...
    Any advice please ?
    Thanks

    yes, think about her job, her Nan and he home before doing 55 in a 30 next time. I'm not a blameless driver but 55 in a 30 is ridiculous. That's not an error fo judgement it's a blatant disregard for the speed limits.

    As for adive all I can suggest is go to court, be apologetic and hope they'll be lenient.
    It's my problem, it's my problem
    If I feel the need to hide
    And it's my problem if I have no friends
    And feel I want to die


  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    lynn44 wrote: »
    Can someone advise me please, Is there a time limit when a county court summons should be issued ?
    So, ignoring all the hysteria from the usual suspects who think your friend should be publicly horsewhipped and placed in the stocks, the facts are:

    1) The summons will be from a Magistrates' Court, not a County Court, who only deal with civil matters.

    2) As she was stopped at the roadside, the issue of 14 days for the notice of prosecution doesn't arise, she would have had that verbally from the officer.

    3) For speeding prosecutions, the Police have to lay information before the Court not later than 6 months from the date of the offence. However, depending on the area, some Court offices can take 4-5 weeks to produce a summons.

    So your friend may want to contact the office of the Court who issued the summons, and find out the actual date the information was laid. If it was past the 6 month deadline, she should write to the Clerk of Court, requesting a stay of proceedings on the grounds of abuse of process.

    If the summons is in order, it looks like she's going to be hit with a £400 fine and possibly 6 points, which may result in a 56 day ban. Asking the Magistrates not to ban her because she might lose her job is unlikely to work; however, if she can show that a ban would cause "exceptional hardship", eg she has a sick relative (her Nan?) who has to be driven for dialysis twice a week, they may increase the fine but not ban her.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Conor wrote: »
    55 in a 30 is completely unacceptable.

    Bit of a sweeping statement there. I know many roads where such speeds are quite safe and appropriate.
  • ClareEmily
    ClareEmily Posts: 931 Forumite
    Bit of a sweeping statement there. I know many roads where such speeds are quite safe and appropriate.

    Ahhh so you are the person in my boot when I'm sticking to 30 then ;)
  • If you're the person doing 30mph on the mile long SC approach to a SC NSL road with no pavements or houses and clear visibility, I'll be the person overtaking you at a rate of knots.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Bit of a sweeping statement there. I know many roads where such speeds are quite safe and appropriate.

    Completely irrelevent. If it is appropriate, why would you be prosecuted if you got caught exceeding it?
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