How long for Summons?

Author
Discussion

simonm

Original Poster:

23 posts

267 months

Thursday 22nd August 2002
quotequote all
I got caught speeding at 102 mph( at 2am on an empty mway) , back at the end of July and was given a verbal NIP and told a summons would be on it's way. Being as that is nearly a month ago, is this normal?

How long do these summons normally take to appea? I've been expecting it through the door any day, but to no avail.

Thanks
Simon

plotloss

67,280 posts

277 months

Thursday 22nd August 2002
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Up to 6 months is the limit I think.

Matt.

jjr1

3,027 posts

267 months

Thursday 22nd August 2002
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6 months they take !!! This is because this is the maximum amount of time they must be served within and the police love to keep you stewing !

Also on a tangent are the penalty points applicable from date of incident or date of conviction, which can be up to 9 months later?

DodgeyRog

1,994 posts

267 months

Friday 23rd August 2002
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I caught back in 1998 for doing an average of 125mph on the A14 in suffolk.
It took the summons 2 months to arrive, the same for my brother who was caught the week before me for doing 115mph. This is what we did:

1, Got a clued up brief.

2, Made a sales invoice to say that i'd sold my car, which at the time was Peugeot 306 GTi-6, and bought a 1.1 Peugeot 106. Also told them the car could handle that kind of speed and stop like a f##ker if it had to.

3, Signed up at a local show for the "Kill your Speed" commitment, they gave me a sticker to put in my car, which it did for the minute i took the picture and a smashing certificate, which i produced in court.

4, Get your boss to write a letter saying that if you lose your licence for a period, your employment status would have to be reviewed. ie, lose your licence, lose your job. your angle on this is to say that you've worked your way up in the company and this minor incident would f##k your life up.

5, I said the copper who nabbed me was an agressive a##ehole, and i was being very co-operative.

6, Made sure it was a nice day and the right time, luckily for me it was 2pm on a sunny Sunday afternoon in June.

7, I was'nt speeding near any entrances or exits.

8, Go to court, get your brief to say you've never been to a "criminal" court before and look nervous. I had 2 women on the bench and they felt sorry for me.

9, dress smartly.

10, Emphasise the fact that you know a ban is likely and that you know you should be punished. Look for a points scenario and heavy fine.

11, Hopefully this should work, it did for me bro, he got 14 days disq and £250 fine with no points.
I got a 56 day ban, £200 fine with £35 costs and no points. This was good for me cos i just employed my girlfriend at the time to drive me around in the day if i needed to. Good luck and be prepared.

grevlinggott

177 posts

269 months

Saturday 24th August 2002
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i got nailed for 105 on the A419 (Cirencester). Summons took 5 months to arrive (with a court date 3 days later...). note it must be issued within 6 months of the offence.

FWIW i got 14 day disq., 200 fine (plus 35 costs) and no points. The Ban (or points, whatever you may get) will run from the date of the beak's sentancing...

good luck!!

madcop

6,649 posts

270 months

Saturday 24th August 2002
quotequote all
like so many people on this site you are under the misconception that the summons must be received within the 6 month period. That is completely wrong.

The Statutory limit on proceedings in Road Traffic Offences is 6 months. That means that the information (The summons and circumstances of the offence) must be signed by a magistrate or a magistrates clerk (not the person at the fines counter) within 6 months from the date of the offence.

Once that has been done then the summons is valid and can be served at any time after that. It can even be served 6 years later if the attempts to serve it on the alleged offender are unsuccessful as in the case of someone moving abroad and then coming back.

The only offences that are different are no insurance and vehicle excise offences which come under a statutory limit of proceedings which is 3 years.

I hope that clears up any ambiguity.

Just because you don't receive a summons within 6 months of the offence date, doesn't necessarily mean that you will not receive it at all!

grevlinggott

177 posts

269 months

Saturday 24th August 2002
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quote:

like so many people on this site you are under the misconception that the summons must be received within the 6 month period. That is completely wrong.

The Statutory limit on proceedings in Road Traffic Offences is 6 months. That means that the information (The summons and circumstances of the offence) must be signed by a magistrate or a magistrates clerk (not the person at the fines counter) within 6 months from the date of the offence.

Once that has been done then the summons is valid and can be served at any time after that. It can even be served 6 years later if the attempts to serve it on the alleged offender are unsuccessful as in the case of someone moving abroad and then coming back.

The only offences that are different are no insurance and vehicle excise offences which come under a statutory limit of proceedings which is 3 years.

I hope that clears up any ambiguity.

Just because you don't receive a summons within 6 months of the offence date, doesn't necessarily mean that you will not receive it at all!



I stand correctly corrected! Dead handy having you around madcop to sort the "legal issues with the man in the pub" from fact!

hertsbiker

6,371 posts

278 months

Sunday 25th August 2002
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I wonder if the law would be so vindictive towards people who have no money, and no means to pay the fines?

This smacks of profiteering via number plate blackmail.

Thankyou Madcop for your enlightening words, it only goes to reinforce the reasons why so many people dislike the curent regime.

I feel utter disgust for the policy makers on this matter.

madcop

6,649 posts

270 months

Monday 26th August 2002
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The law isn't vindictive towards people that have no money. I think Bobthebench will corroborate the fact that fines are means tested. That is why Novaboy scrotes seem to get away so lightly at court because they have no money.

If you are a middle Englander with a building society account, mortgage and a reasonable job, then I am afraid you are shafted (Which I might add, has nothing to do with the Police apart from the initial step of putting someone before the court)

bobthebench

398 posts

270 months

Monday 26th August 2002
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Fully concur. The whole system works on the basis of any sentence having a punitive element. If you have no money, £50 can be a huge penalty.

I think back to a case some years ago. The Ned in question pled guilty and produced a sob story about being out of work. Took sympathy and minimal fine. Speaking to a colleague about it and found out he appeared before him about 4 days earlier, at which time he was working. Transpired he worked off shore. When on the mainland, strictly speaking he was unemployed, but knew full well he would be working again a week on Monday, at the usual exhorbitant rates. I gave a token fine, colleague fined £1000 for a simple assault.

Bottom line is you be fair with the system, the system will be fair to you. You appear in court charged with speeding in a TVR rather than a Lada, your always going to get a bigger fine.

It's not number plate blackmail, but a calculated marque profile. The knack is confine your speeding at 100+ mph to Ladas and Skodas and you'll get smaller fines. (Although chances are at those speeds you won't make many corners, and fines will be the least of your worries !!!)

madcop

6,649 posts

270 months

Monday 26th August 2002
quotequote all
quote:


It's not number plate blackmail, but a calculated marque profile. The knack is confine your speeding at 100+ mph to Ladas and Skodas and you'll get smaller fines. (Although chances are at those speeds you won't make many corners, and fines will be the least of your worries !!!)




Bono

16 posts

267 months

Sunday 1st September 2002
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If the little you have said is the 'truth the hole truth and nothing but', I would get a good brief.

I'd tell you more, but to be honest, the comments on a different posting don't help you. You know, the one where you moan about being caught and the police should have something better to do! Sorry

Bono