Are they out of time?

[sirpip]

Hi Everyone,

 

Any thoughts on this one?

 

Speeding offence 36 in a 30.

 

Felt a little agrieved as it was 1:15 in the morning, going through a village on a dead-straight A road. Not another car or pedestrian anywhere, road conditions were good etc.

 

Didn't argue it or try to deny it though, as I WAS speeding.

 

Opted for a driver awareness course, couldn't get time from work to do it, tried again, same happened. Told them I would take the £60 / 3 points option instead, haven't paid that yet. I haven't tried to avoid taking the rap for this, I just haven't had the money over the last couple of months.

 

Anyway, now been told that the case is to be referred back for prosecution.

 

The offence was 14 November 2009 i.e. just over 6 months ago.

Can I still be summonsed? Thought this had to happen within 6 months. :-?

[lamma]

Only if they 'laid an information' within the six months. Summons can take a couple of months longer (unless you are in Scotland ?). you may have fallen through the cracks, SCPs are known to still try it on and get people to cough to it when they are out of time. Only time will tell. You could phone the court and ask in an information has been laid - don't bother asking the SCP !

[kwaks]

Agree with Lamma, info has to be laid before the court within 6 months, if they have done that then you will have a court appearance. As you have tried to accept the CoFP then you need to make sure the court does not increase on the penalties, assuming of course the info was laid in time

[lamma]

COFPs get issued out of time a lot in the hope that they can sucker people into accepting the points and the fine.

[sirpip]

Thanks guys.

 

For the information to have been laid within 6 months, it would have to have been done by yesterday.

 

If that's the case, presumably I'll know about it within a week or so?

[kwaks]

Probably longer, info only needs laid within 6 months, can take a few months after that before they act on it.

 

You could contact the relevent court and find out one way or another, nothing to lose in doing that.

[lamma]

don't ask about a summons, ask if an information has been laid

[Yiam Cross]

Don't really understand what a COFP is or what "an information" is. Is the 6 months limit from the time of the offence, from the time they issue an NIP or from the time they decide the 6 months should run from? How do you ask the court about an information, in fact which court would you ask?

I ask because I received an NIP on 24th January 2010 for an alleged offence which occurred on 19th November 2009. The issue is not so much the offence but the s172 declaration, I could't name one person since neither my wife or I know who was actually driving at the time.

 

Anyway, I haven't heard anything for some months now and I'm wondering when I can finally forget about it.

[Old Snowy]

Yiam Cross

 

COFP - Conditional Offer of Fixed Penalty

Information - A formal application for the issue of a summons. An information generally must be "laid" (placed before the court) within 6 calendar months - in relation to most motoring offences.

 

In relation to the matter you were involved - assuming that the alleged offence was speeding - then an information must have been laid by 20 May (The day of the alleged offence counts as Day 0 when calculating a relevant time period).

 

However, without further details it isn't easy to be precise but you may well not have complied with the duty placed on you by virtue of the s.172 requirement sent to you.

 

In this case the relevant date, for the purposes of calculating the date by which an information must be laid, is not linked to the original offence on 19 November but to the end of the 28 day period you are required to provide the information within. The 28 day period is calculated from the date on which service was effected i.e. 24 January. Therefore, in your case an information would have to be laid by 25 July 2010.

[Yiam Cross]

What you say makes sense, thanks for that.

 

As far as I can tell I've done everything within my power to provide the information requested. it was a red light camera on a route used by my wife and myself on our regular trips to a discount warehouse. There was no way we could remember who was driving and neither one of us was prepared to take the rap for something they might not have done.

I guess there's still time to take me to court but I hope it doesn't come to that. I've done all I can to prove my defence and I've supplied them with lots of evidence. I feel pretty sure I wouldn't get convicted but not something I'd want to have to go through, so fingers crossed.

 

Thanks again for taking the time.