Summons Received Today

[chickenstrip]

As per title. This was for an offence on 30/3/14 in Wales, accused of 91 in a 60 limit. I'd be grateful for any help and advice on a couple of points regarding this:

I'm intending to plead guilty by post, and I think I need not actually attend on the hearing date. Can anyone confirm this?

It says in the received paperwork "If you choose to plead guilty: you do not need to attend court unless the offence(s) that you are summonsed for will render you liable to disqualification under the 'totting up' procedure: (a) where you will accrue 12 or more penalty points or (b) you will accrue 6 penalty points within two years of passing your driving test as a new driver."

Well, I currently have no points on my license, so under totting up, I shouldn't get a disqualification? (Passed my test in the dim mists of time past).

However, elsewhere in the paperwork, it says "At least one offence carries penalty points. If you are convicted, it will be recorded on your driving license counterpart. You may also be disqualified."

But that's not under totting up right?

The reasons for my decision to plead guilty by post are that the hearing is to be held at Llanelli next Wednesday; this would mean taking a day off from work, for which I would lose more money (I have no holiday left to take this year - of course, if required to attend, I would) plus transport costs to Wales. Also, I can think of no mitigating circumstances that I could offer in a not guilty plea. I didn't see the camera which caught me (in b4 poor obs), and don't know exactly where the camera was.

Having no defence though, is there any advantage to be gained from attending the hearing in person?

I am a bit miffed about one other thing. The date on the paperwork says 15 September. I have just received it today (post mark on the envelope says 22 September). In the paperwork, it says: "Reduction in sentence for early guilty plea - the court, when passing sentence on you, will consider giving you a lower penalty if you enter an early guilty plea. The amount of any reduction will depend on how early you indicate your plea , as well as the circumstances that made you plead guilty."

So they apparently hung on to the summons for about a week, thus depriving me of an opportunity to plead guilty earlier, with a chance of a greater reduction in sentence. Or am I misreading/misunderstanding this? If I'm right, can I do anything about it?

The paperwork also states, "documents (plea paperwork and driving license)...need to reach the court no later than 3 days before the date of hearing" so I don't really have any time left now in which to consider this.

One other thing. How should I post it? Just get proof of postage? Recorded delivery?

Thanks if you can help.
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Chickenystripgeezer's Biking Life (Latest update 19/10/18) Belgium, France, Italy, Austria tour 2016 Picos de Europa, Pyrenees and French Alps tour 2017 Scotland Trip 1, now with BONUS FEATURE edit, 5/10/19, on page 2 Scotland Trip 2 Luxembourg, Black Forest, Switzerland, Vosges Trip 2017
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[Pete.]

What happened to the original NIP?
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[chickenstrip]

I returned it filled in. It came within the 14 day period from the offence.

I have a copy in Welsh still.
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Chickenystripgeezer's Biking Life (Latest update 19/10/18) Belgium, France, Italy, Austria tour 2016 Picos de Europa, Pyrenees and French Alps tour 2017 Scotland Trip 1, now with BONUS FEATURE edit, 5/10/19, on page 2 Scotland Trip 2 Luxembourg, Black Forest, Switzerland, Vosges Trip 2017
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[MattEMulsion]

[Shaft]

[MattEMulsion]

Your reply beat me to it lol.
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Yamaha YZF-R6

[J4mes]

Myth, I got caught 92 in a 60 and went to court, pleaded guilty and got £400 4 points instead of 600 and 6 points.

Ask work I you are allowed a paid day off to attend court?

[chickenstrip]

[chickenstrip]

[marlc0]

[Spireite]

If it was a camera van that got you, I take it you have asked for them to send you the offending photo?
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Z1000SX ABS TOURER

[JP7]

[MattEMulsion]

[Rogerborg]

I think I'd try to find the time to turn up for that one.

First, to see if the CPS bother to show with something approaching evidence.

Second, to bawww and sniff in person. Moment of madness, want to express how sorry, did you see that video of that chap who got deaded, really shook me up, just grateful to be alive to say how sorry...

91 in a 60 could be an instaban, and... Wales.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[chickenstrip]

[Knacker]

[Shaft]

[Just_James]

I agree that it almost definitely will go in your favour if you turn up to court (and do the sniffling thing a bit).
It's much easier for a judge to be sympathetic to a human being rather than just making a judgement on what's on paper in front of him. As they are often on their high horses about themselves, judges like people to respect them and showing up on the day is considered to be respectful rather than just leaving them to decide your fate in your absence. If you show and the claimant doesn't, all the better for you.

Although it's a very different case, I went to court for a small claims hearing with the Secretary of State For Transport as the claimant. I won - and it was pretty much purely on the basis that I turned up to court and they did not. The judge was obviously very offended by the fact that they made a claim against me and didn't show so he refused to look through their evidence and do their job for them

[kawakid]

Go to court.

Get a mate to take you in his car, I've done this for a mate before, it looks a lot better if you attend.
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I've a twin and a 4.

[J4mes]

[J4mes]

[P.]

It depends who pulls you and if they follow protocol.

Been pulled for 128 in a 70 and 107 in a 70.

Got off both, one was an understanding copper and the other had faulty recording equipment showing my diesel clio going uphill at over 120.. He "lowered to 107" due to the error but it got withdrawn as his equipment was way out. A clapped out 160,000 mile diesel clio doesn't do 120, let alone up a hill

Best of luck chickenstrip, hope you don't get a ban

[chickenstrip]

Sounds to me like CPS would definitely show; got me bang to rights (guv), haven't they.

Hell, I don't know. I guess it'd cost me at least £150 to attend, as I don't think I'd want to take the risk of a delayed train on the day.

No one to give me a lift. It'd have to be under my own steam (public transport). I so would prefer to attend, I know it's the best thing, but just, the damn travel and cost of it.

I can't plead hardship, and could cover the fine if it were up to, say £600. I'd have to be a bit careful with money for a few months, but...

I can't even claim it'd be the end of the world if I got a ban. Work is 15 mins on the bus, plus a 15 min walk. All necessary shops and services easily reachable. Up to a 6 month ban over the winter I think I could live with. Not fun, but not the end of the world. Been through worse.

I'd need really strong evidence that I'd gain over all this, to attend I think.

Cheers Paddy, appreciate the sentiment
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Chickenystripgeezer's Biking Life (Latest update 19/10/18) Belgium, France, Italy, Austria tour 2016 Picos de Europa, Pyrenees and French Alps tour 2017 Scotland Trip 1, now with BONUS FEATURE edit, 5/10/19, on page 2 Scotland Trip 2 Luxembourg, Black Forest, Switzerland, Vosges Trip 2017
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[chickenstrip]

Ah, there is just one other thing to mention, it occurs to me. I have been banned before. End of 2008, so it's not present on my license and hasn't been for a while. But those buggers will have records to look at, won't they. Ah, b*ll**ks.
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Chickenystripgeezer's Biking Life (Latest update 19/10/18) Belgium, France, Italy, Austria tour 2016 Picos de Europa, Pyrenees and French Alps tour 2017 Scotland Trip 1, now with BONUS FEATURE edit, 5/10/19, on page 2 Scotland Trip 2 Luxembourg, Black Forest, Switzerland, Vosges Trip 2017
THERE'S MILLIONS OF CHICKENSTRIPS OUT THERE!

[Just_James]