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Summons Recieved..... Help
Topic Started: Jan 17 2007, 08:17 PM (310 Views)
monka
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Doesn't have a home to go to!
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hi, could any one shed some info on this.

i recieved my summons through the post today for careless driving, which i got stopped for over 4 months ago now.
with all of the stuff i got it says there are 2 witness statements enclosed, i recieved only one.

one this witness statement it says on the first page that the guy has signed all 5 pages of his witness statement, where as he has signed none of them.

and at the back of everything is a photocopy of the slip they have writtin out stating the vehicle, driver, date and offence, although the details on this where of the other person who got pulled over.

cheers for any info.
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Luigi_Gool
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Surely if the person hasn't signed the witness statements that sould void them to start with!
I assume there was 2 of you that got pulled over for careless driving?!?
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rob99
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Dead rising
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Write back to them requesting the missing paperwork is your first job I think.
Everyone you meet is fighting some kind of battle.
Peter David Edwards. 15/10/1947 - 26/05/2008. R.I.P.
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MR 8
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Go to court, incorrect documentation will get thrown out straight away.

Or seek legal advice.

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Andy
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exactly what mr8 said, exact same as a speeding ticket. if they write the formal letters and paperwork to you but they have put incorrect details on (especially that amount wrong) then its unadmissable in court meaning they have basically done you a favour and made the whole thing void at the time they wrote it. i got off a speeding fine in a similar way, they put the wrong details on so i got off. get intouch with the court or whichever authority it is that produced it and explain it all to them, you should get off totally free.
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jefftheoldgit
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I agree with everyone who says get some legal advice straight away. For starters, with all the errors you mention,you must have the advantage. Also, I don't think 4 months is allowed to pass before you receive the summons. Were you told clearly at the time you would receive a summons? I am sure there are quite firm time limits on these processes. Go to a solicitor and ask to see their road/traffic specialist.
[GK-customfield]Jeff![customfield-GK]The Prelude, in many ways, is a typical Japanese car but I would always put it in a list of all-time fave raves because its  V-Tec engine is just so amazingly sweet.
I've said before that this is the best mass produced engine of all time, and I'll say it again now.
J.C. (But, to be honest, in 1997!)
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myblackwrx
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I think if you get told you will be receiving a summons its 6 months.
http://www.5ive-o.org/forum/portal.php
http://www.pepipoo.com/
Try these 2 websites i believe 5ive-o is the better one
[GK-customfield]Paul[customfield-GK]
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paullen
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If you can afford it, get some legal help! They will know all the in and outs. A guy I know got off for speeding for similar reasons, he was clearly speeding.
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Schwabbie
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I know they have a maximum of 6 months to fine/summons you.

As soon as 6 months are up they can't touch you.

As for the paperwork - get legal advice if you can, if not go to court and watch the case fall apart.

Just out of interest, what were you doing?

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MR 8
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I wouldnt admit to anything on here..... just in case.... !!!

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a2vey
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Contact David Hurley solicitors on Pokesdown hill. Im not 100 % sure but i think they give free consultations.
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Andy
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i can find out tomorrow night the exact time scale and probably anything else you like as i know a copper and a copper and judge live next to my missus and she knows them quite well. if you want anything answered let me know and i'll do my best tomorrow night, if you can get some advice from a free consultation or go to the citizen advie bureau, i know if they don't post it in 14 days after the incident for a speeding fine its invalid, might be the same for other traffic offences.
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Luigi_Gool
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I think if you go to Citizens Advice Bureau with all the documents you were sent and get advice off them! But by the sounds of it if they've got that much wrong you should get away Scot free!
Good luck
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rob99
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CAB are a bit shite TBH..

I dealt with them when I was having probs with an importer.. they were slightly helpful but told me nothing I hadn't tried already.
Everyone you meet is fighting some kind of battle.
Peter David Edwards. 15/10/1947 - 26/05/2008. R.I.P.
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Luigi_Gool
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rob99
Jan 18 2007, 06:47 PM
CAB are a bit shite TBH..

I dealt with them when I was having probs with an importer.. they were slightly helpful but told me nothing I hadn't tried already.

Never had to see them before so i wouldn't know! But i would have thought it's worth a try to see if they can shed some light on the situation!
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rob99
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Luigi_Gool
Jan 18 2007, 07:02 PM
rob99
Jan 18 2007, 06:47 PM
CAB are a bit shite TBH..

I dealt with them when I was having probs with an importer.. they were slightly helpful but told me nothing I hadn't tried already.

Never had to see them before so i wouldn't know! But i would have thought it's worth a try to see if they can shed some light on the situation!

Yeah, certainly worth a try but don't hold up any hopes.
Everyone you meet is fighting some kind of battle.
Peter David Edwards. 15/10/1947 - 26/05/2008. R.I.P.
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Andy
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cab gave me some useful advice when i was being sued, really helped alot.
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Sweepickit
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I think with Cab you've just got to get lucky. THe advisors aren't legal experts, but they can try and get information to help you. The two times I used them I knew more than the advisor initially, but the advisor got me some very useful info in a day or two.

Hope it all works out ok. :thumbsup:
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monka
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well i gotta go to college this week so its all going to be made difficult, yeah andy if you could get some help that'll be great.

also, if i dont get the chance to speak to someone, would just mentioning it in court be enough? how would i go about mentioning it, sorry i've just never been even been in a court house b4. lol
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Andy
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monka
Jan 20 2007, 11:23 AM
well i gotta go to college this week so its all going to be made difficult, yeah andy if you could get some help that'll be great.

also, if i dont get the chance to speak to someone, would just mentioning it in court be enough? how would i go about mentioning it, sorry i've just never been even been in a court house b4. lol

unfortunately ive bin ill the past couple of days but i wil try my best to get info on monday and tuesday for ya. if your in college they might have somebody yu can talk to their, they usually have some kind of advice area, could always try that for help in the meantime.
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monka
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mmm, well it aint your normal college, i'm an apprentice and we go up to some palce for our college work.
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Andy
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what are you an apprentice in, and where do you go to college?
i should be seeing them tomorrow night so i'll try and find out what i can for you.
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Chris_GTO
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Definatly seek leagal advise.
Lots of firms will give you a free first consultation.
There seem to me to be more holes in the police eveidence than a collander.
The main one being that the bit of the statement you have been given as evidence that you committed the crime is not signed and therefore can not bee used in any court in the land.
Plus if they do have 2 staements and they are all correctly signed, the police have a legal obligation to produce all the eveidence against you. Which they obviousy have not done, so with them only producing one statement and only a small proportion of that you may have a good case to get it thrown out.
however talking to a solicitor is the first and best option
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