I have received a court summons and no Fixed Payment Notice

[norrishawk]

Hi,

 

I today received a summons for a speeding offence from June. All I ever received was a Notice of Intended Prosecution, which I admitted to the offence, signed and sent straight back, which the police received.

 

Im not sure why I have got a summons, and was expecting a Fixed Payment Notice.

 

Any ideas whats happened, it's ruined my weekend. I am honest and willing to pay but now am afraid I will get a higher fee and penalty.

 

Please help. Thanks

[lamma]

Are you in ban territory ? Did they receive the NIP that you returned ? Do you have proof of posting or delivery ?

[scousegeezer]

Norrishawk,

What is the "charge" on the summons. How fast were you allegedly travelling. What was the speed limit on the road.

 

Scousegeezer

[norrishawk]

Hi, Yes I do have proof that I sent the Notice Of Intended Prosecution and they did receive it. I was doing 51 in a 30 zone, contrary to section 81 (1) and 89 (1) of the Road Traffic Regulation Act 1984 and schedule 2 to the road traffic offenders act 1988.

 

I got spotted by a mobile lazer van, going from a 40 into a 30 zone, dual carrage way, Halifax Road in Sheffield.

 

Hope this helps.

[lamma]

how many points on licence at the moment ?

[scousegeezer]

Norrishawk,

Sorry, there your answer. I am not sure of the % limit, but because you have travelled at what is regarded as a dangerous speed, you have been summonsed instead of getting a Conditional Offer of Fixed Penalty - sorry to advise - you may well get more than 3 points.

 

Yopur only hope is to now post on here all the relevant dates - when was the offence - when did you get the NIP , when was it posted out to you etc - anything you can think of please. Then I will have a look at the dates and see what can be done. Even the date on the NIP if you can find it and the date you received it .

 

Cheers - Scousegeezer

[norrishawk]

Hi,

 

I do not currently have any points, and have not had any for about 10 years.

 

The offence was on the 4/6. 8/6 they sent the combined NIP to my workplace as was a company pool car I was in (On way to a training course), my workplace advised it was me. I then received a NIp at home address on 29/6, I returned ASAP and police received back on 2/7. Today 10/10 I received the summons.

 

I was rushing home as my girlfriend is pregnant and was not feeling well.

 

Hope this helps. Thanks.

[scousegeezer]

Norrishawk,

OK from what you say ; we dont have a chance with those dates that you have supplied. NIP served in time etc.

 

The only chance now is the date that the summons has been stammped as being issued . Has to be within six months of the date of the offence. I DO NOT need to know the date on the envelope or the letter that came with it - I need the dater stamp on the summons, referring to the date of issue.

 

Cheers - Scousegeezzer

[norrishawk]

The date on the summons is 24/9 and they want me to attend court on the 23/11. I really do not know what to do now.

[scousegeezer]

Norrishawk,

Sorry to be the bearer of bad tidings, but everything appears to be kosher. All the dates appearr to be within time.

Because your speed was deemed to be so high, you have been summoned instead of receiving an Offer of Fixed Penalty. The fine will be high and you will probably get more than three points. There is a very slim chance that you may be disqualified for a short period. You were allegedly travelling at the speed limit plus over 66% more. That is the reason for the possibility of a short ban. If there was a school in the area, you may be in trouble. Depending on how badly you need your licence , needed for work etc; it may be advisable to get a solicitor. He can plead your case for not being disqualified. You could do it yourself, on grounds of hardship and this being your first offence ( or first offence for ten year etc). That decision will have to be yours - depends on how much value you place on your licence and future insurance premiums. Sorry I cant help any further .

 

Cheers - Scousegeezer

[norrishawk]

Thanks for your help. How high do you think it will be? Is there not a limit? Also how long to you think the ban would be for if there is one?

 

I have the option to Plead guilty in writing without attending court, I have to send off a plea form and my financial details.

 

Would it be best to attend court or plea guilty via post?

 

Thanks :sad::sad::sad:

[lamma]

I am not sure that these are the latest. http://www.sentencing-guidelines.gov.uk/docs/magistrates_court_sentencing_guidelines_update.pdf

[scousegeezer]

Norrishawk,

With the alleged speed being so much more than the speed limit, I would advise attending in person. You can then address the court in person and they will see how sorry you are when you give your mitigating circumstances - if there are any. That will also give you the opportunity to address the court if they are minded to disqual you for a short time. How much the fine? How long a ban ? I would not like to say. Dont want to give any false hope.

 

Cheers - Scousegeezer

[norrishawk]

Thanks, have you any idea of what the DVLA code is for this offence? ie SP30 or something, I am doing an insurance quote with 6 points but is asking for code. Thanks

[scousegeezer]

Norrishawk,

Yes, the offence code is SP30.

 

Scouse

[scousegeezer]

Norrishawk,

Sorry I cant be of anymore help . Good luck with the court case - go in person. The court appreciate it. Be more observant when driving in future .Cheers - Scousegeezer

[norrishawk]

Ok many thanks for your help. Thanks

[johnny_lynch]

How come you're all so helpful wtih this guy who did exactly the same speed as me in the same zone, yet I get treated like a pariah by a few of you!!

[siege1976]

How come you're all so helpful wtih this guy who did exactly the same speed as me in the same zone, yet I get treated like a pariah by a few of you!!

Because he came on asking for advice and then didn't start gloating about how he got off with it and how proud and safe he was driving that far above the speedlimit?

[scousegeezer]

************ PRECISELY **************

 

Cheers - Scousegeezer