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#281915 - 9th Jan 2009 6:25pm Notice of Prosecution - Incorrect Details
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
A quick one for you to sink your teeth into

Back in November my brother got stopped for speeding on the A41 (50 in a 40), by a unmarked police vectra.

He has just recieved his court summons letter from Cheshire Police/Courts with his hearing date.


Here's the query:

On the charges page, the officer has stated that he was pulled over for speeding in a his car but with the police vehicle registration

BUT
On the officers statement, it states my brother's vehicle registration


As this is clearly a mistake, what can we do about it ?

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#281919 - 9th Jan 2009 6:31pm Re: Notice of Prosecution - Incorrect Details [Re: Tony_1985]
BMW Joe Offline
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Registered: 30th Apr 2006
Posts: 12369
Loc: Birkenhead
What if the Police have quoted the incorrect details, eg vehicle registration number, colour, model/make of car etc?

If you have been stopped by the Police and subsequently receive a summons or evidence which contains such an error, the Police will be able to amend the documents at the Court hearing. You would only be able to successfully challenge such errors if you were able to show that you are genuinely prejudiced by such errors to the extent that you are unable to establish the nature of the allegation against you. The court will not throw out a case where you are familiar with the facts but there is either a typing error or the Police have quoted a non essential fact incorrectly. However, such inaccuracies may be used to throw doubt on the credibility of the officers in relation to other parts of their evidence if that is also disputed.


http://www.motorlawyers.co.uk/court/summons.htm
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#281927 - 9th Jan 2009 6:47pm Re: Notice of Prosecution - Incorrect Details [Re: BMW Joe]
Tony_1985 Offline

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Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
So i guess he's buggered then

Here comes a ban

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#281937 - 9th Jan 2009 7:05pm Re: Notice of Prosecution - Incorrect Details [Re: Tony_1985]
Wench Offline

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Registered: 9th Aug 2008
Posts: 8616
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It will only be a ban if he has points on his license already that with the further addition of points will take him over.

If you reach 12 penalty points within any 3 year period, the Court guidelines are to impose a disqualification of at least 6 months. Consequently, if you have 9 penalty points on your licence, and commit an offence for which a Fixed Penalty Notice would normally be appropriate, that Notice cannot be accepted as it would bring you to 12 penalty points.

The award of a ban is discretionary to the court, max points are 3-6, max fine is, I believe now £1000 on a normal road, it's much higher on motorways.

I'd say best to hold his hands up and accept the fine, unless Cheshire is one of the Forces that does the Speed Awareness Courses as an option instead, in that case, take the Course!
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Sometimes Police Officers give more than just speeding tickets!

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#281957 - 9th Jan 2009 7:41pm Re: Notice of Prosecution - Incorrect Details [Re: Wench]
Tony_1985 Offline

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Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
His History

3 pts for speeding (45 in 30) - traffic camera van
6 pts for no insurance

and now these 3-6 pts for speeding again

Just under 1 year driving


So honestly. I think that's it. 6 month ban

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#281967 - 9th Jan 2009 7:56pm Re: Notice of Prosecution - Incorrect Details [Re: Tony_1985]
Wench Offline

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Registered: 9th Aug 2008
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Loc: Second Circle of Hell.
hi say goodbye to your license hi

That would be why he didn't get the option of a Fixed Penalty Notice then.
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Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#281972 - 9th Jan 2009 8:14pm Re: Notice of Prosecution - Incorrect Details [Re: Wench]
Beemertastic Offline
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Registered: 16th Oct 2007
Posts: 1113
Loc: wirral
if hes only been driving a year..he would surely fall under young driver scheme..and therefore should have already lost his licence..as you can only get 6 points in the first two years...
you then are "disqualified" for a set period (down to the court) before having to apply for your licence all over again/go for theory and harzard/practical test...and having to declare to insurance that you have already lost your licence.

If he hasnt lost his licence already..hes fkd now...simply
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#281973 - 9th Jan 2009 8:15pm Re: Notice of Prosecution - Incorrect Details [Re: Wench]
little_pob Offline
Smartchild

Registered: 30th May 2008
Posts: 442
Loc: Upton
He was lucky he didn't loose it after 6 points under the New Drivers Act (1995).

@Beemertastic snap!


Edited by little_pob (9th Jan 2009 8:16pm)

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#281975 - 9th Jan 2009 8:18pm Re: Notice of Prosecution - Incorrect Details [Re: little_pob]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
he was very lucky mate.
he needed his licence for his job, so he got his boss to write a letter to the courts

ended up with 6pts making a total of 9. And a slightly higher fine as a warning

kind of a next time, you're out approach

but he screwed that up now

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#281981 - 9th Jan 2009 8:43pm Re: Notice of Prosecution - Incorrect Details [Re: Tony_1985]
MGCraig Offline
AlfaHolic
Forum Veteran

Registered: 16th Apr 2006
Posts: 5488
Loc: Spital
Should tell him to slow down then. Dunno how Id survive if I didnt have a licence frown
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#281984 - 9th Jan 2009 8:49pm Re: Notice of Prosecution - Incorrect Details [Re: MGCraig]
BMW Joe Offline
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Registered: 30th Apr 2006
Posts: 12369
Loc: Birkenhead
Just as you did for the past 17 years before driving?
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#281986 - 9th Jan 2009 8:53pm Re: Notice of Prosecution - Incorrect Details [Re: BMW Joe]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
very true joe

and we have told him to slow down, he apparently knows best


and i didnt ask for snarly little comments like that. i was asking for advice on it

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#281987 - 9th Jan 2009 8:54pm Re: Notice of Prosecution - Incorrect Details [Re: BMW Joe]
Wench Offline

H4H County Volunteer
Wiki Veteran

Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
You'd have to use Peasant Wagons or Shanks' Pony like what I do raftl
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#281989 - 9th Jan 2009 9:00pm Re: Notice of Prosecution - Incorrect Details [Re: Wench]
Tony_1985 Offline

Forum Master

Registered: 19th Aug 2006
Posts: 2421
Loc: Ellesmere Port
lol

he might have to

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#282071 - 10th Jan 2009 12:01am Re: Notice of Prosecution - Incorrect Details [Re: Tony_1985]
MGCraig Offline
AlfaHolic
Forum Veteran

Registered: 16th Apr 2006
Posts: 5488
Loc: Spital
Originally Posted By: BMW Joe
Just as you did for the past 17 years before driving?

All I could think about in those 17 years (well, 12 years) was driving.



Originally Posted By: Tony_1985
very true joe

and we have told him to slow down, he apparently knows best


and i didnt ask for snarly little comments like that. i was asking for advice on it


Whoa Whoa, wasnt a snarly comment. Thats my advice. I have no time for speeders, seeing as one of my family were knocked down by one a few years ago. Tell him to get his act together. He's got a while to think about it IF he gets the ban. If hes lucky, hell get that speed course thing, but I dont think they do that round here do they??
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