bartmanuk

hi,
im trying to find out if its true that with a motoring offence the police have to get you into court within 6 months of the offence or the case is void.

any help appriciated,

BM

Adidas

In theory yes, but in some exceptional cases a 'protected' summons can be gained which means there is no time limit.

HTH

bartmanuk

would they use a protected summons for a fixed penalty notice?

BM

hedgehog

They have to lay papers with the court within 6 months of the offence which isn't quite the same thing.

bartmanuk

what do you mean by lay the papers?

BM

Listener

It means give the information to the magistrate so a summons can be issued. What is the FPN for?

bartmanuk

for allegedly using a mobile phone...

BM

Listener

That's 6 months. If you haven't heard anything by then and you subsequently hear about it then contact the RAC legal centre or a solicitor to get it dropped for "abuse of process".

An FPN for this offence would be issued to you in person at the time normally.

bartmanuk

the papers were layed in the 6 month time limit, and the FPN was issued in person at the time.

but the next query i have is, what do i do if the summons comes through and under the offence section and the statement of facts it says i was driving the police car and not my car???

BM

hedgehog

I assume from your comment that you mean that they have made a mistake in the documentation rather than that you were actually driving the police car? If so then you may have a defence if you get yourself good representation but, in general, they are allowed to make mistakes and this not impact upon their case against you. In theory this only applies to small mistakes, mis-spelling etc., but in practise many courts will allow mistakes of the sort you detail. A good solicitor may be able to sway the court in your favour.

Listener

Then it sounds awfully to me like someone has co**ed up and you may well get it dropped as the facts of the summons are incorrect. Similarly if the FPN has been miswritten then you should be able to contest it on the same grounds.

Check out http://www.pepipoo.com/ may be able to help although they seem mainly to do speeding. A solicitors firm that popped up on a google was http://www.motoringsolicitors.com/?g...FR9cEAodhgXKyA who have a freephone number.

I would imagine it would be possible to contest it yourself rather than employing a solicitor but they can give professional advice as opposed to my meagre ramblings.

If what you state has happened then the simple fact is you weren't driving the police car (I presume) which appears to be what you have been summonsed or ticketed for, so a well worded letter to that fact may help or even appearing in court on the day and stating that you were not driving that car at that time to see the magistrates face .

Hope this helps.

mad_dr

Tell them that you strongly deny their accusation that you stole a police car.

MattW

A friend was charged with speeding in a 70mph limit, he was doing 68 in a 40 but it was a dual carriageway. He pointed out their mistake and was asked whether he would allow the charge to be changed. He said yes, and pleaded guilty. Got a 6 month ban under totting up (6 pts awarded) even though the clerk advised the magistrate to be lenient on the basis that if he hadn't agreed to the charge change he would have got off!!!