Friend caught with no ins-my fault-Summons lead time?

Funmum | 10:59 Tue 14th Feb 2006 | Motoring

8 Answers

A friend of mine was driving my car as a favour when I was 8mts pregnant and got stopped for doing 36 in a 30-fair cop.

I assumed she would be covered by my insurance as she is on my main car (car she was driving was my late Mothers and I only had it temporarily).It turns out that I was covered on my Mums car via my main policy but because my Mums car was not "named" on my policy,she was not covered.

I feel really bad that it was all my fault and the summons arrived today-she will get between 6 and 9 points apparently and it was all my fault.

It is over 6mts since the offence happened yet the summons has only arrived today-anyone know it the poilice have a certain time frame in which to issue a summons ie 6mts?

Is there any loophole which may help her-I feel terrible.

Fiesta 1.4 cuts out

renault scenic 97 rxe

Answers

1 to 8 of 8

Best Answer

No best answer has yet been selected by Funmum. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.

gammaray

The statute of limitations on most motoring offences is six months. If the court date is more than six months after the recorded date of the incident then your friend can have the case dropped for being out of time. Consult a solicitor because there are some exceptions to the rule but it would appear that your friend has a case for dismissal.

gammaray

Sorry that should have read If the "summons is issued more than 6 months.....", not "court date".

Funmum

Question Author

Just checked her summons and the bloody thing is dated 22nd Dec (offence was in July) yet she did not receive it till today-postmarked yesterday!

pagey

If its postmarked yesterday then 6 months has elapsed. It may be that they printed it on the 22nd but didnt post it until recently in which case its thier problem not yours!

Funmum

Question Author

Hope you are right-have kept the envelope justin case ithelps!

-- answer removed --

gammaray

pagey's point is not valid in law I'm afraid. There is often delays from summons being written and sent out. The only thing you could apply for is a postponement of the case due to insufficient time to prepare. In court ask your solicitor to prepare a case in mitigation to limit the damage.

pagey

gammaray, what is to stop the prosecutors back-dating the letter?

1 to 8 of 8

Do you know the answer?