ChatterBank3 mins ago
Ignoring a speeding summons
6 Answers
A pal of mine got a summons for doing 37mph in a 30 zone. There was only him on the road. And then he read about half a million quid unpaid by yobs for various offences. So he threw it into the bin. After all, it hadn't been delivered by registered letter. So he got a reminder; again unregistered. And that went into the bin. And he never heard another word. I'm told that in Scotland speeding summonses are registered. In England they ain't. Any thoughts?
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No best answer has yet been selected by Harry Nuttal. 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.In magistrates� courts in England and Wales cases such as this are frequently heard in the absence of the defendant. I assume your friend got a request to provide details of the driver when his car was �flashed�. This is known as a �Section 172� request, named after the Section of the 1988 Road Traffic Act which covers the situation.
When the case is heard the prosecution needs to show that the request was posted. It does not have to prove that it was received. All it then needs to show is that no response has been forthcoming. If they convince the magistrates that both these things are true the defendant will be convicted of failing to provide the necessary information and they will receive a fine and three penalty points.
Your friend may have been lucky and the case may have been lost in the ether. However, beware, because this process usually takes a while to be completed. The fact that he has heard nothing does not mean that nothing is happening!
When the case is heard the prosecution needs to show that the request was posted. It does not have to prove that it was received. All it then needs to show is that no response has been forthcoming. If they convince the magistrates that both these things are true the defendant will be convicted of failing to provide the necessary information and they will receive a fine and three penalty points.
Your friend may have been lucky and the case may have been lost in the ether. However, beware, because this process usually takes a while to be completed. The fact that he has heard nothing does not mean that nothing is happening!
Reckon he must have been lucky. He'd been told by a bloke who knows a bloke that "they chase up one in 20". Mind you, that was about 18 months ago. Must have tightened up a bit. But do notices go out registered in Scotland - and if so why?
How about this one: Look at the local paper's BMDs and stick down the name of the alleged driver as someone who's just died. Or just gone to live in Australia. Would that throw 'em?
How about this one: Look at the local paper's BMDs and stick down the name of the alleged driver as someone who's just died. Or just gone to live in Australia. Would that throw 'em?