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PostPosted: Sun Oct 28, 2007 11:47 
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As the heading, was pulled over on the motorway mid October last year (was followed for 0.75 mile on a calibrated speedometer), was issued with a fixed penalty notice. I paid the fine and went to produce but could not find my photocard (I had the paper bit). They marked it as if I had not produced and said I will be issued with a court summons.

More than 12 months later I have had my fine refunded (a while ago) but heard absolutely nothing.

Am I in the clear? I heard that they have a 12 month deadline within which to summons me, is that correct?

I have looked around online but only found info relating to NIP's.

Thanks

Jacob


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PostPosted: Sun Oct 28, 2007 11:52 
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They have six months from the date of offence to 'lay papers' with the court.

It sounds like they fumbled it and you are very well in the clear.

It's possible that papers have been laid but the court has a wrong address or something and has failed to contact you. It's possible that you have been convicted in your absence.

Do you know the court involved?

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PostPosted: Sun Oct 28, 2007 11:56 
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Hi SafeSpeed thanks for that.

I think the court involved would have been Salford Magistrates Court. Or one of the other Manchester Courts. Could I check to see if my name is coming up anywhere?

The likely scenario might be that the fellow who pulled me over could not prove his speedo was calibrated and decided not to prosecute? Is this possible?

Thanks again


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PostPosted: Sun Oct 28, 2007 12:22 
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JC180K wrote:
Hi SafeSpeed thanks for that.

I think the court involved would have been Salford Magistrates Court. Or one of the other Manchester Courts. Could I check to see if my name is coming up anywhere?

The likely scenario might be that the fellow who pulled me over could not prove his speedo was calibrated and decided not to prosecute? Is this possible?

Thanks again


Yeah. At this poijnt I would think it's safe enough to ring the court and ask. You could also ring the Police involved and ask.

If you have been convicted without your knowledge (quite common), you can make a statutory declaration to the court and have the conviction set aside.

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Our scrap speed cameras petition got over 28,000 sigs
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PostPosted: Sun Oct 28, 2007 12:39 
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Thanks again

I have called up Greater Manchester Police but I will need to ring the Prosecutions office at Manchester Crown Court tomorrow to check.

Assuming I have been convicted, what is involved in sending in a stat dec and what would be the penalty imposed with this conviction in absentia?


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PostPosted: Sun Oct 28, 2007 13:00 
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JC180K wrote:
Thanks again

I have called up Greater Manchester Police but I will need to ring the Prosecutions office at Manchester Crown Court tomorrow to check.

Assuming I have been convicted, what is involved in sending in a stat dec and what would be the penalty imposed with this conviction in absentia?


When I worked in the Magistrates Court stat decs had to be given in person. You go to the court, sign the required forms and register, and any conviction is set aside. It is then down to the CPS whether to bring the case again.


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PostPosted: Sun Oct 28, 2007 14:49 
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Thanks very much robinxe

What's the likelihood of the CPS resubmitting the case?


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PostPosted: Sun Oct 28, 2007 14:53 
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Couldn't possibly say with any degree of certainty mate, sorry.

Its been several years since I was a part of the system, and although back then very few speeding cases were retried, due to the expense of bringing the case twice, I wouldn't be surprised if that bubble has burst due to abuse.


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 Post subject: I'M IN THE CLEAR HURRAY!
PostPosted: Mon Oct 29, 2007 17:16 
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As above checked with the courts and they have no records of a conviction.

The fixed penalty clerk was also kind enough to check with the DVLA who confirmed I still have a clean licence.

Thanks for all your help.


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