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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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Experience:  Over 5 years in practice.
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I have been Sent a summons to appear on 13/5/2013 at Aldershot

Resolved Question:

I have been Sent a summons to appear on 13/5/2013 at Aldershot Magistrates Court for a speeding offence (58mph in a 50mph limit). The Summons was received 27/3/2013, the offence was dated 12/9/2012. This is the only notification of the offence I have received, although Hampshire Constabulary claim they sent a notice of intended prosecution by First Class post on 20/9/2013.
What should I do?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

Were you speeding?
Customer: replied 1 year ago.

For JOMO1972



Yes.

Expert:  Jo C. replied 1 year ago.
Do you have 9 points on your licence by any chance?
Customer: replied 1 year ago.

For JOMO1972.


 


No, I have a clean licence - no points.

Expert:  Jo C. replied 1 year ago.
You misunderstand the RTA I'm afraid. The requirement is that they send out the original NIP within 14 days. A NIP can also be administered verbally but obviously only by a live officer not a GATSO device.

Apart from that, speeding is a summary only offence. They have six months to lay an information. If the offence was on the 12/9/12 then they had until 12/3/13 to do that. When you receive the summons is a non issue as is when the matter is in court. It might be worth checking the date of the information though when you get to court as they might be sightly out of time.

They do not have to offer the fixed penalty though. That is entirely within the discretion of the police. I suppose though that all discretions by all pubic bodies have to be exercised reasonably or they would face a potential judicial review for irrationality. That said, a decision to summons for 58 mph in a 50 mph zone is not really irrational within the meaning of JR.

You would still only get 3 points and a fine at court. Some courts will just give you a fine of £45 and a victim surcharge of £15 plus 3 points so you are dealt with as you would have been if you'd had the fixed penalty.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.


Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64490
Experience: Over 5 years in practice.
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