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Summons process - a little clarification needed!

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Syx
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PostPosted: 21:05 - 08 Jul 2007    Post subject: Summons process - a little clarification needed! Reply with quote

I got a summons through, I was pulled in April and the summons is for early September.
I was doing 104 on the m'way, PePiPoo indicates I'm looking at 6 points and a 14-56 day ban, along with a means-tested fine. I'm pretty glad that it's means tested, as I've got very little income at the moment! I've already got 3 points so that might have some bearing on the outcome - fingers crossed on that one.

The problem I have is that I have absolutely no idea about the process. I've obviously got the statement of means forms, which I've yet to send in. There's also some stuff about an early guilty plea which I should probably send as I'm happy to admit to the offence, but should I get myself some legal advice first? Will a lawyer be required or is it just extra expense?

I'd like to hear from those of you that have been through this before if possible!
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paulodd
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PostPosted: 21:39 - 08 Jul 2007    Post subject: Reply with quote

I've just started (2 weeks in) to my new job at a certain Magistrates Courts.

Basically i prepare cases that go into the Magistrates, and about 98% of those are driving offences.

If i were you i would just take the points and ban if its given. HARDLEY anyone will win against the courts. You should have been sent a summons form (like you say) also a statment of means (the one that asks you to let us know how much you earn/spend and on what) and also for you to send your licence in.

IMHO just send them back in, tick plead guilty and to sort it out without you having to go into court (bottom box of 3)

On the back of the summons it says something about your statment or something... just write that your on low income and would like to pay the fine in monthly instalments that way, it might be easier fot you to pay off.

1 thing i have learnt in my short time there is you try and fight the courts its pretty much guarentee'd that you'll loose.

I'd still say get some legal advice.


Sorry its not what you want to hear tho. Karma
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Last edited by paulodd on 21:50 - 08 Jul 2007; edited 1 time in total
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colin1
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PostPosted: 21:43 - 08 Jul 2007    Post subject: Reply with quote

maybe when you have been there longer than 2 weeks, you will come across some people who win in court
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paulodd
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PostPosted: 21:47 - 08 Jul 2007    Post subject: Reply with quote

colin1 wrote:
maybe when you have been there longer than 2 weeks, you will come across some people who win in court


I didn't say that no-body wins, i'm just saying that hardly anyone wins. I don't think you quite realise just how many cases go into the courts on a daily basis!!!

Just because i've only been there 2 weeks doesn't mean i haven't spoken to many people there about driving offences, with the intentions of finding out loop holes and various ways of helping fellow bikers out if they do come into trouble.

This guy asked for help and i told him my opinion, from what i've heard from collegues and from my training.
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colin1
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PostPosted: 22:14 - 08 Jul 2007    Post subject: Reply with quote

yeah and your experience is a good 2 weeks more than mine which is zip, zero
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MattEMulsion
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PostPosted: 22:52 - 08 Jul 2007    Post subject: Reply with quote

paulodd wrote:
I didn't say that no-body wins, i'm just saying that hardly anyone wins.


I would think that most motoring offences that go to court are pretty much cut and dried, ie the person is almost always guilty as if there was no evidence or if it was shaky, then it wouldn't make it to court in the first place. In other words the court proceedings are almost just a formality.
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Syx
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PostPosted: 23:09 - 08 Jul 2007    Post subject: Reply with quote

paulodd wrote:
You should have been sent a summons form (like you say) also a statment of means (the one that asks you to let us know how much you earn/spend and on what) and also for you to send your licence in.

Yep, got those forms - they don't want me to send my licence as long as I take it there on the day.

paulodd wrote:
IMHO just send them back in, tick plead guilty and to sort it out without you having to go into court (bottom box of 3)

It also states that I MUST attend the hearing - if I don't they'll issue a warrant for my arrest! I haven't got a "tick" option to plead guilty, the forms state that I can write to the court and enter an early guilty plea if I wish to.

paulodd wrote:
On the back of the summons it says something about your statment or something... just write that your on low income and would like to pay the fine in monthly instalments that way, it might be easier fot you to pay off.

Thanks for that, I'll put it in the "other information" section.

paulodd wrote:
Sorry its not what you want to hear tho. Karma

I've accepted the fact that I'm not going to win the case; I didn't expect a "follow this procedure to win" sort of reply! Thanks for the help - it's much appreciated.
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grassby2001
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PostPosted: 23:20 - 08 Jul 2007    Post subject: Reply with quote

Quote:
yeah and your experience is a good 2 weeks more than mine which is zip, zero

+1
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Syx
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PostPosted: 12:10 - 12 Jul 2007    Post subject: Reply with quote

Going back to the early guilty plea, as I have no form on which to indicate this do I simply enclose a letter with my means information when I return it to the court?
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tintin
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PostPosted: 13:25 - 12 Jul 2007    Post subject: Reply with quote

I'd suggest you get some legal advice - if you are asked to attend then you are usually looking at a ban. A solicitor can argue mitigation and hardship better than you can... it's up to you really.
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krebsy
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PostPosted: 13:28 - 12 Jul 2007    Post subject: Reply with quote

MattEMulsion wrote:
paulodd wrote:
I didn't say that no-body wins, i'm just saying that hardly anyone wins.


I would think that most motoring offences that go to court are pretty much cut and dried, ie the person is almost always guilty as if there was no evidence or if it was shaky, then it wouldn't make it to court in the first place. In other words the court proceedings are almost just a formality.


Well, me and Mrs. K. have had the police laughed out of the magistrates court when they pulled her over on an uneccessary (victimising her) stop and forced her to get work done to her car that was not needed, then took her to the magistrates because they then claimed the work wasn't done (it was, and they had all the documentation with them in court). All following them failing to do her for a DD offence (she was under the limit). They kept pulling her car over repeatedly (12 times in 2 months).

She pleaded "what the f**K am I doing here? what's the charge as it's never been clarified" (though in politer words Smile ) and we were out in 5 mins once the magistrates had stopped laughing and telling the police to stop wasting their time...

We could've gone for compensation but really couldn't be bothered as the car was in a scrap yard by that point (couldn't afford to run it anymore).

Total waste of our time by the local Plod. Evil or Very Mad

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T.C
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PostPosted: 13:29 - 12 Jul 2007    Post subject: Reply with quote

Syx wrote:
Going back to the early guilty plea, as I have no form on which to indicate this do I simply enclose a letter with my means information when I return it to the court?


You can write to the court with your guilty plea, and in it you can also include any mitigation you might have (the reasons why you committed the offence).

Just ensure that you include your case number on any documentation, and as stated, if they make it a requirement for you to attend in person, it means that a ban is under serious consideration!
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JAMSXR
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PostPosted: 13:41 - 12 Jul 2007    Post subject: Reply with quote

Im going to court soon, im being dun for crossing 2 white lines witch i did not, the policeman had said to me i think you were speeding but cant prove it so im going to do you for something else! And in his statement he gave an exact point where i crossed the white lines, but their are no double white lines their they are 50 yards down the road! I might loose but im going down fighting Mad Rolling Eyes !
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Simple
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PostPosted: 14:07 - 12 Jul 2007    Post subject: Reply with quote

are you not going to ask to see the evidence they have?

for all you know someone's out there on a cloned bike..

agree with Paul though, but I'd still want to see what proof they have.
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Faraz
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PostPosted: 14:30 - 12 Jul 2007    Post subject: Reply with quote

I thought 100mph and over is 12 points and an automatic ban for at least one year Confused
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Simple
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PostPosted: 14:32 - 12 Jul 2007    Post subject: Reply with quote

Faraz wrote:
I thought 100mph and over is 12 points and an automatic ban for at least one year Confused



not afaik, depends where it is, conditions etc.

I think (note think) it's roughly 30mph over the limit is a ban. so 101mph on the motorway, 60 in a 30...

not sure though

I'm sure peppipoo would tell you?
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Zanith
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PostPosted: 14:50 - 12 Jul 2007    Post subject: Reply with quote

Just curious on this subject.

Wasn't there some wierd rule that if they didn't get you into a court room within 6 months of the speeding offence, you can't actually be prosecuted?

Main reason i'm asking is i have a similer summons which is due October sometime. I was apparently clocked doing 89 in a 60 during January on the A34 Stafford-Stoke road. Now i assume this is on tape via a camera van but i travel that road daily and don't actually remember seeing the camera van at the time Confused .

reason why i ask is i did have a speeding fine for my car over a year ago. letters kept coming in and i just ignored them, close to 6 months up a friend of a friend said to just ignore it and then after 6 months of the offence i am in the clean. he said i'd waited 5.whatever months already that i might aswell just sit it out. this came up whilst we were discussing bikes and such and i was actually going to pay the fine and accept the points. Anyway i've not heard anything about the speeding with the car for nearly a year now so i assume it's been dropped.

I really don't want to plead guilty without seeing the evidence but i feel that i will need to go court so i don't get arrested for being 'on the run' or whatever. Anyone know if having seen the evidence in the court room could i bring up this 6 month rule? apparently it worked for this guy and the case was dropped on the spot Neutral .

i've proberbly made that a fair bit long winded and poorly typed out too, sorry didn't mean to waffle on so much Embarassed
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T.C
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PostPosted: 15:25 - 12 Jul 2007    Post subject: Reply with quote

Quote:
Wasn't there some wierd rule that if they didn't get you into a court room within 6 months of the speeding offence, you can't actually be prosecuted?


No, the rule has always been that information must be laid before magistrates within 6 months of the alleged offence.

This is different to issuing summonses!

What this means is that the court must be informed of the intention to prosecute someone within the 6 month period, and then once that is done summones can be sent out at the discretion of the CPS or at a suitable time to fit in with the court.

The rules do state that a prosecution must take place within a reasonable time after the information has been laid, but 18 months after the alleged offence has been deemed reasonable in the high court, however, this is the exception rather than the rule.

The reason this rule came about was for the reason you mention. People used to ask for an adjournement, or plead sickness in the hope that it would take them over the 6 month cut off period, only to be left dissappointed and with a bigger fine and penalty than they might have otherwise got.
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Last edited by T.C on 15:41 - 12 Jul 2007; edited 1 time in total
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Zanith
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PostPosted: 15:36 - 12 Jul 2007    Post subject: Reply with quote

Cheers for clearing that up T.C, Rated you up Thumbs Up .

Bah, looks like i'm on the way to losing my license then Evil or Very Mad .
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LeeWat
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PostPosted: 18:46 - 12 Jul 2007    Post subject: speeding Reply with quote

I think that i am waiting for a court date, as i was issued a NIP in april and sent it back about 5 days later and nothing since. 53 in a 30 so the NIP (fixed camera) said but i honestly can't remember how fast i was going. Anyway, one of the women that works at our place is also a Magistrate and she told me that anything between 21-30mph over the limit is 6 points and a fine, below that its the usual 3 points and 60 quid. This will put me on 12 so i'm looking at a ban. And the court has a year, not 6 months to sort you out (her words).
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paulodd
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PostPosted: 20:12 - 12 Jul 2007    Post subject: Reply with quote

Simple wrote:
I think (note think) it's roughly 30mph over the limit is a ban. so 101mph on the motorway, 60 in a 30...



Your correct. 30mph over is a ban.

When you go to court make sure you have a credit/debit card with you or lots of cash as when they issue the fine they'll expect you to pay it there and then. (well once you leave the court room) Even if you don't get a fine for the offence you'll prob be asked for about £60 to pay for court costs and another £15 which goes into a fund for victims.


Good luck
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T.C
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PostPosted: 21:01 - 12 Jul 2007    Post subject: Reply with quote

paulodd wrote:


When you go to court make sure you have a credit/debit card with you or lots of cash as when they issue the fine they'll expect you to pay it there and then. (well once you leave the court room) Even if you don't get a fine for the offence you'll prob be asked for about £60 to pay for court costs and another £15 which goes into a fund for victims.


Good luck


Not strictly true.

Depending on the size of the fine, most courts will allow time to pay, normally 30 or 60 days for smaller fines and weekly for larger fines
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paulodd
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PostPosted: 21:06 - 12 Jul 2007    Post subject: Reply with quote

T.C wrote:
Not strictly true.

Depending on the size of the fine, most courts will allow time to pay, normally 30 or 60 days for smaller fines and weekly for larger fines


If you say you can't pay it then they'll ask for proof an expect you (if your in town) to get to the bank and ask for you to produce a bank statement prooving you don't have it. Some times if you have a few quid in there, depending on the situation and magistrates they'll take what you have in there and then make you pay the rest within 14 days.

Normally they'll ask for it within 14 days or you'll be back in court. If your on benefits, depending on the benefit, they'll deduct a certain amount each time its issued.

Edit - Thats how it works in Essex, and i can't see why it wouldn't be different anywhere else
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Last edited by paulodd on 21:08 - 12 Jul 2007; edited 1 time in total
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sickpup
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PostPosted: 21:08 - 12 Jul 2007    Post subject: Reply with quote

I've never been asked for proof when asking for 14 days to pay. Come to that I wasn't asked for any proof when I asked and was given 90 days to pay either.
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paulodd
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PostPosted: 21:10 - 12 Jul 2007    Post subject: Reply with quote

As i said it depends on the magistrates who are on... and the legal advisors (those in court that give the magistrates directions if need be)

And possibly on where it is.... the court i work for is right in the town centre so its easy for them to say go and get evidence
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