shaking like a leaf -court summons for speeding

peter_the_piper

Don't worry, You're not the only one, I think I went through a gatso slightly too fast on Sunday (Didn't see if it flashed OH nagging that we were going to be late) so I'm just waiting for the letter to arrive. 1st ever. Gulp.

taxiphil

This is what's known as "dual charging", or coercion to put it another way. It's a flagrant breach of 6.3 of the Code for Crown Prosecutors which states:

Prosecutors should never go ahead with more charges than are necessary just to encourage a defendant to plead guilty to a few. In the same way, they should never go ahead with a more serious charge just to encourage a defendant to plead guilty to a less serious one.

Sadly however this rule-breaking by the CPS has become common practice in the war on motorists.

One option (a well trodden path over on Pepipoo) is to argue "abuse of process" and demand that the magistrates throw out one of the two charges, and then to defend the remaining charge accordingly if there's a strong enough case.

HO87

Hi blackcoffee

You seem to have gone quiet. I suggest you return to your thread on pepipoo before you do anything. The advice there will be very good and the posters there will guide you through each step. It might seem slightly overwhelming to start of with but that is where the best guidance will come from.

blackcoffee

Im ok, calmed down a lot now. Thankyou to everyone who has replied in my sheer panic yesterday. both this site and pepipoo have been valuable.

thankyou again

xxxxxxxxx

Badger_Lady

Hun, this happened to me and I was well underprepared. I was still in "probation" so was doubly-scared...

November - drove down a road that I understood to be a dual carriageway at 69mph. Got snapped by a camera for breaking the actual speed limit of 60mph.

December - recieved the statutory notice, completed it and sent it back via first class post.

April - got Court Summons for the second offence you mentioned - failing to provide information.

September - went to court. I expected to speak to the duty solicitor (who happened to be a friend of mine), but was actually told that I should have brought my own representation because this was a court case, not a hearing (or something like that, I got confused).

So I had to say that I was representing myself (soo scary!). I went in, the Prosecutor started speaking to the magistrates (I think they were), and passing me papers to check and return. I was then called to the witness box and the court administrator requested a pause, sending the Magistrates out of the room.

She spoke to me and said, "I'd like to warn you - if your argument is 'it got lost in the post', this is often used and isn't successful'". However, the prosecutor jumped in with, "But we know it happens - I won't be asking very many questions".

The Magistrates returned and I was sworn in, made to confirm my personal details and asked, "what happened when you recieved the notice". I explain what I'd done. The Prosecutor asked, "Are you sure you posted it?", I said "yes" and he finished with, "no further questions".

The Magistrates were forced to find me Not Guilty and offered me expenses for the visit, which I declined. The Prosecutor (I heard through rumour) recieved a telling-off for his leniency.

I don't know whether this story helps or not - but please don't assume it'll all just be OK! If you can find a lawyer through a cheap scheme, please do! Otherwise it's highly likely that this will go badly for you

blackcoffee

I have written a covering letter to the court, telling the truth, I have also included the form that you have to fill in, and ticked the plead guilty by post part, as we are on holiday.

I will accept what ever I am given, I cant do anymore, at the end of the day Ive told the truth.

I plan on calling them next week to see if my letter and form have been received. I sent it record delivery for today. The court date given to me is March 25th, The court hearing wont go ahead any earlier, I would love to go on holiday knowing it has been resolved, but i doubt that very much !!

Bizarly this very thing happened to my neighbour jsut a few weeks ago, Ive been round to see what if anything was resolved but he isnt home.:(

Coblcris

Did you plead guilty to the speeding or the S.172 or both ?

Hadeon

blackcoffee - there is nothing to prevent you, & you have nothing to lose in asking the court to adjourn this matter to a date following your return from holiday.
As you have indicated your intention to plead 'NG' to the S.172 issue, the court may well adjourn to a future date in any event & require you attend personally.
Please don't worry unduly about this. Take matters one step at a time.

There are several crucial & 'unexplained' issues with your case & you need time to gather evidence to prepare your defence.

I find it very strange that you have been summonsed for speeding in the first place when the police & CPS appear not to have even established the identity of the driver.

---

Unless I dreamt it, it appears you have just withdrawn your last post?????

se999

I know it's not really in context, but after I got a notice my tax return was received late and I'd be fined, it was posted well within time. I now always go to the trouble of going to the post office and getting a free proof of postage when I post anything that could cause problems if not received. It does at least prove I sent something to that address on the said date.

With these government depts, the problem is proving you didn't receive something!!

If potentially a major cost could be incurred by the delay I use the appropriate 'insured' postage.

Hadeon

Having also followed the OP's thread over on pepipoo, I am both saddened & disappointed at the apparent disdain displayed there towards MSE by certain regular posters.