Summons has arrived :(

Stinky · 29 Mar 2006 at 09:57

i was expecting it, but now its here.

18th April 2006 my case will be heard in court. i um unsure at the moment on weather to attend court or just plead guilty by post.

not looking forward to it, i am expecting 6 points (lose license have to retake tests

)

Stinky · 29 Mar 2006 at 10:16

#Chri5# said:
Get over to http://www.pepipoo.com and post up the in the forums. There's a good chance the summons (well, the supporting paperwork) is full of holes.

already there with my thread up

http://forums.pepipoo.com/index.php?showtopic=9608

the last post is all the infromation about the summons.

i got caught doing 58 in a 30 in which i have now slowed right down. it realy affected me getting caught. i am 100% a safer driver now

Stinky · 29 Mar 2006 at 10:33

thats the thing. it is just feilds each side, and about 300meters from where i got caught it goes to NSL

i know its my fault and i am going to take what is given to me. at the end of the day there is no way that i can prove to them that it really has affected me and i have slowed down a lot since.

i will just have to hope i dont get 6 points but i recon i will.

i am 8 months off my 2 years

(idiot i know)

Stinky · 29 Mar 2006 at 12:44

tickle me elmo said:
wave your licence goodbye :/

i dont i will lose it.

6points and a fine is expected. therefore resit tests not a ban

Stinky · 29 Mar 2006 at 15:52

on there is one person who was doing 57 in a 30 and got 6 points and a fine.

but people doing 60 in a 30 got 2 week ban plus costs no points. i would rather the ban tbh

Stinky · 29 Mar 2006 at 22:27

true tho

Stinky · 29 Mar 2006 at 23:09

paul@ said:
delete

??

Stinky · 30 Mar 2006 at 06:55

smokey said:
Damn, good luck. You will need it. But on a lighter note, I like the note scrawled at the bottom of the witness statement by the copper

GOOD LUCK

if your on about my response???? i did not say that. i dont know where he got it from

Stinky · 30 Mar 2006 at 12:30

Dr Who said:
The summons says you were caught by camera, but the witness statement says a (laser?) gun...

Have you spoken to a brief?

If there is a mistake in the summons, he may be able to get you off...

is that a valid point???

is that a mistake?

Stinky · 30 Mar 2006 at 13:43

Section 89 provides:
’(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence. (2) A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit. (3) The enactments to which this section applies are - (a) any enactment contained in this Act. . . ‘

where would i stand using that?? there is only 1 witness statement in my summons

Stinky · 30 Mar 2006 at 15:54

now booked in with a breif, he should be ringing me tommrow.

Stinky · 30 Mar 2006 at 16:03

Matblack said:
Yes, but its not based on his opinion, its based on the readout of his blasted gun thing

MB

but there is still only 1 witness???

does that not matter

Stinky · 30 Mar 2006 at 21:52

that was lucky.

i am still trying to work the above statment out. (my post - section 89)

Stinky · 31 Mar 2006 at 14:21

got myself booked in the CAB on monday for a quick advice sesion.

does anyone on here know much about motoring offenses etc?? (i know about pepipoo.com i am a member on there) i am trying to get more thoughts then just theres.

basically my summons bundle doesnt contain any documents which confirms that the gun was setup correctly before use. apparently i can use this in court. i am pretty sure that i was not going that speed as i have said before, but untill now i have just accepted it as i have no way of proving that i wasnt.

is this a valid point worth bringing up??

Stinky · 31 Mar 2006 at 17:57

Matblack said:
Its unlikely to be something they provide as standard, it will probably be on record at the station, send them a letter asking for it. If you bring it up at the court and they have to adjurn the session for the police to get it then your just going to make the judge hate you

MB

see people at www.peipoo.com have said that this could be a major flaw in the whole case, and that i can use this.

i am still unsure. but will see what the CAB say, and the solicitor say.

but for now can someone please tell me why on my summons it says

Charge - Excess Speed 30mph (CAMERA)

when i was caught with a speed gun?? is this a error or what??

Stinky · 31 Mar 2006 at 18:57

I have noticed a few things in it now. i am going to post them up can you all tell me weather it matters or not??

Now on my Notice To Defendant: Proof of writen statment it says

On the 7/3/2006 the magistrates court sitting at north devon (barnstaple) will hear evidence relating to the following case against you.

SPEEDING - EXCEED 30 MILES PER HOUR ON A RESTRICTED ROAD - UNMANNED AUTOMATIC EQUIPMENT

surly that is wrong as i was caught with a laser gun help by the police officer.

further down that page it states if i wish the officer to give oral evidence i must tell them within 7 days of reciving that notice. that notice is dated the 7/03/2006. i recived it on the 29/3/2006.

Secondly the Statement of Facts says

Excess Speed - 30mph (CAMERA)

again i was caught by the policeman with a hand held laser gun.

Any help would be great. thanks a lot

Stinky · 31 Mar 2006 at 19:52

agw_01 said:
Sounds like someone screwed up

You might be able to use this against the court. If they say one thing and a totally different turn of events happened, it may not be valid.

i am waiting for someone to get back to me.... why do things take so long when you want them to happen fast lol.