Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My husband got a fixed penalty ticket for using his mobile phone whilst driving on the 15th October 2007. He also had to produce his drivers licence and insurance docs at the local police station. He produced his plastic drivers licence but could not find the paper part to it and he couldn't find his insurance docs ( He is insured). He did this within seven days. The fixed penalty slip was correctly spelt and the details when he produced were spelt correctly.
He then received the witness statement which was dated 22nd January, his name was spelt correctly but the attached NOTICE TO DEFENDENT PROOF BY WRITTEN STATEMENT dated 25th March 08 , his name was spelt incorrectly.
Then he received a summons dated 28th January 2008 to appear at Court 28th March 2008, which the name had been spelt incorrectly again. This was later adjourned by the Court (because they were applying for his drivers licence with the wrong spelling) to then appear on the 13th May 2008. The name on the adjournment letter from the Court was incorrectly spelt.
Could you advise if this would be legal as some of the documents including the summons have been miss spelt and also it will have gone over the six months. Should he ask for this case to be dismissed any advice would be appreciated
Many thanks
For this type offence, there is 6 months allowed from the date of offence to issue of summons (in fact, laying of information before the Court). The date of the court hearing is irrelevant (although EU court rulings would point to a 3 year limit applying to this)
Unless this si Scotland, in which case, the first court appearance (pleading diet) must be with 6 months of the offence.