Summons

[tapmadi]

My dad has received a summons for a speeding he never drove the car or lives in that area. contained in the witness documents is a statement signed by my next door neighbour stating that my dad was the driver and now the police and courts are after my dad...what shall i do..my dad has a summons next week he can declare not guilty by post then they will set a second hearing.

[stanleyman]

If this is from a speed camera then the registered owner of the car will be required to state who the the driver was. It would appear that the car was registered to your neighbour and for whatever reason (we can guess) has put your dads name and address!

If he has never driven this car and you could check the number with next door, then the police will need to prove it was him driving. Your dad on the otherhand needs to do as much as he can to prove it wasn't him by having an alibi for the time and place of the offence and any supporting witnesses.

If you don't get on with next door and you feel this is a malicious statement by your neighbour then first of all contact the ticket office to tell them, it might stop it. If not then plead not guilty and be prepared to go to court.

It may not go to court if your dad continues to protest his innocence and once he has made a defence statement. If it does, the magistrates, after hearing all the evidence, (your neighbour will have to give evidence as to how your dad came to be driving his car) will need to be fully satisfied that it was your dad driving before they would convict.

I hope I've presumed correctly here and I wish him goodluck.

[dzug]

Can't make complete sense of your question but it sounds as though your neighbour's car has been caught in a speed trap. He has said your dad was driving it, either because he was himself and wants to get out of it, or because he doesn't know who was driving it and your dad is a likely candidate because he sometimes borrows it.

Does your dad ever drive this car? If he doesn't it will be easier to get his defence believed. If he does there will be conflicting witness statements; which the court believes is anyone's guess.

Don't get the significance of 'lives in that area' - you can get drive and caught in a speed trap anywhere, not just where you live.

[tapmadi]

My dad has never driven this car, he's infact medically not allowed to drive a car. we moved out 7 months before the speeding incident. He's lied and said that my dad drove it to obviously avoid paying fibe. my dad is very ill he had to on numerous occasions go to a court and try and sort this matter out.

Im so angry i want to sue my neigbour for all the inconvenience my dad has gone through. Whats the chance of him going to prison for lying? my dad has to go to court in 2 weeks for this, ive sent of the not guilty plea paper work. and am going to wait fo a second hearing.

how can i prove that my dad didnt drive, will he need a lawyer? he's on benefits so how does he get legal aid etc.

[stanleyman]

It doesn't sound as if it was him. He may qualify for legal aid but if it goes to court usually there is a free duty solicitor who will advise and help. Get there early. You could also try the CAB for legal advice.

Your neighbour may be in contempt of court or may have commited perjury and certainly runs the risk of imprisonment, perhaps you should point that out to him. After the case you may be able claim for all your losses and compensation through the small claims court, I certainly would.

Where was he when this speeding offence took place?

As I've said it is up to the police to prove their case and if he can't actually drive that sounds a good start. What ever you do don't give in, it may only be a fine so not the end of the world but there is a principle at stake here.

[Buenchico]

Here's what I'd do:

1. Phone the local police station and ask for an appointment to speak to a CID officer.

2. Tell the officer that you are there to inform him that you believe the neighbour is 'attempting to pervert the course of justice'. (Make sure that you use that specific phrase). This forces the police to investigate the matter completely independently of the original arguments about who was driving.

3. Insist that the police officer provides you with a crime reference number. (Also ensure that you know his name and rank).

4. Write to the court, pleading not guilty, and advising them of the above actions (including all the details, especially the crime reference number).

This will force the court to suspend any further action while the police investigate your allegation against the neighbour.

Hoping this helps,

Chris

[tapmadi]

The police fobbed me off - they asked me to contact the courts as the hearing is in 2 weeks - all they said was that i had to send a not guilty plea and then the court will decide whether to drop the case or pursue the matter.

So no one is willing to help, the police look like they wont open a new file to investigate this act of perversion of justice. When can this be done? after the court case?

[Buenchico]

It sounds as if your local police force are as useless as many others are!

Just wait for the court hearing and plead not guilty. Then make sure that the magistrates are aware of your attempts to bring the matter to the attention of the police. Hopefully the magistrates will be able to jolt the police into action.

Chris

[stanleyman]

Your neighbour could also be prosecuted for making a false statement and wasting police/court time but this may not be established until after the court hearing. The police don't care and will take the easy route, fob you off and wait for the court.

I'm not sure if this prosecution is being brought by the Crown Prosecution Service, but if so you should write to them with the details, they won't usually push a case unless they are reasonably sure of a conviction and will be more helpful than the police. They won't take kindly to the police not doing their job properly.

This happened to me when I was falsely accused of assault on a trespasser on my land. There were two witnesses to say this did not happen but the police refused to talk to them and charged me.

I complained to the CPS and eventually it was dropped but not before my photo, fingerprints and DNA were taken!!! Unfortunatley the police refused to give me the name and address of the trespasser, maybe just as well! It is distressing but you have to go through the system and sometimes it is unfair, keep protesting.