court summons

Hello everyone,today i recived a summons in the post to go to court for an alleged speeding offence of 40mph in a 30mph while road works where being carried out traffic hardley moveing from back in april of this year,i just kept sending their letters back to them and not picking up their recorded letters ither as they are for the legal person all caps name and im not a dead leagle entinty and not a person,there is a camera operators statment that he calibrated the camera ect ect but no proof or certificate and his statement is not signed with a wet ink signiture just a all caps printed name,they say i cant bring any witnesses and no evidence will be provided by the court total fraud scam,so can should i just send their scum paperwork back to them after all its just an offer to contract or am in over my head now and going to loose my licence as i realy need my licence to get about as i have a dissability,plus they say they have been on the electroral register and seen im the only one liveing at my address with that name,they where on the police data base and seen i renewed my car insurance this year and renewed my driver licence and give its unique driver number they also say i can plead guilty by post but there is no injured party and no harm loss or injury caused .any help advice is greatley recived many thanks.

If this is from April then it is statute barred as they have a time limit to issue them and they have grossly exceeded this so look up the time limits for issue and check the date of issue of the letter and if nothing marries up tell them it is time barred and to bugger off.

The critical thing is whether the information was laid, or charge authorised within six month of the alleged offence (12 months in Scotland). You may actually receive the summon/requisition/SJPN up to a couple of weeks later. As far as I know there's no case law on when you need to receive it.

Did you receive a Notice of Intended Prosecution within 14 days of alleged
offence ?

Good point. But before getting too excited about that, are they charging just speeding, or failure to name the driver as well? If the latter, then the (alleged) offence date is at least 28 days later, and the 14 day NIP is not relevant to that part of the allegation.

Hello guys,first of thank you assassin,daveiron,flyingfish for you help very much appriciated,seckond appologies im only geting back to you i was in a lot of pain with my spine,ok yes i forgot to say i recived a notice of intented prosecution with in 14 days actually in 3 days of the alleged offence was the 11 of april 2022 and recived the nip on the 13 april 2022 ,yes they are charging me for 30 in a 40mph and failure to to name the driver as well,they have also said they will use any criminal convictions i have and make the court aware of them but im squeekie clean,the date of this paperwork is dated the 7/10/2022 and i only recieved it on saturday the 15/10/2022 eight days later sounds like a bit of back dateing maybe,,assassin does it mean they have to issue the summons from the date of the elllegded offence the 11/10/2022 as i only recived notices of intened prosecutions and threats i hadent responded to the scum,then the signed for letters started and i never went to pick them up then it went quite untill yesterday saturday 15/10/2022 when i got the summons,,could yous explain flyingfish about the elleged offence date is at least 28 days later and the 14 reply day of NIP is not revelent to the part of the allegation im not sure what that means, many thanks..

alleged offence was the 11 of april 2022 and recived the nip on the 13 april 2022 ,yes they are charging me for 30 in a 40mph and failure to to name the driver as well,they have also said they will use any criminal convictions i have and make the court aware of them but im squeekie clean,the date of this paperwork is dated the 7/10/2022 and i only recieved it on saturday the 15/10/2022

The requirement is for the charge to be authorised or information laid with six months. That deadline does not apply to the date on which you receive the summons (which might in fact be a Single Procedure Notice). See Brown v DPP ..
https://www.bailii.org/ew/cases/EWHC/Admin/2019/798.html

To summarise in your case the charge was authorised within the required time, to make an issue around the fact you received it a few days later you would have to make an Abuse of Process argument.  If going that route it might make sense to set out how you were disadvantaged by that delay compared to receiving it a week earlier.

could yous explain flyingfish about the elleged offence date is at least 28 days later and the 14 reply day of NIP is not revelent to the part of the allegation

To explain you need to understand the differences between the two allegations (1) speeding and (2) failure to identify the driver (while I'll abbreviate as s172.

Speeding requires service of a NIP with 14 days, subject to a number of qualifications.  S172 does not need a NIP at all, the request can be made at any time.  So even if the NIP was late then if it contained an S172 request this could still be prosecuted.  Countless people have fallen foul of that, thinking they can ignore a late NIP and ending up with six points and £800 fine as a result.

A second difference is that if you've not responded to the s172 request, they may not have sufficient evidence of who was driving so may not be able to prove speeding at all, leaving only the more serious s172 charge for which they do have evidence.

Finally the date.  You received the NIP and the s172 offence is committed if you don't respond within 28 days.  If I've counted correctly that makes the offence date for s172 10th May and the six month limit runs to 10th November so there is no possible question of it being out of time.  For details and defences see the Act ..
https://www.legislation.gov.uk/ukpga/1988/52/section/172

Just one final thought, I have assumed all this happened in England or Wales, and that's where you live. If Scotland or Northern Ireland there are some differences.

Hope this is clear but please let me know if you need any clarification or further information.

Hello flyingfish,thanks very much for your reply appricate it, yea i live in northern ireland so could be different rules apply,either way im thinking i havent got a clue how to defend my self in court as iv never been in court before and how it all works paperwork ect so basically im going to get royaly screwed in the court by a fraudster of a peado judge i just wish i had paid the £65 quid small price to pay now it will be a hell of a lot more and a pile of points on my licence or banned,once again many thanks for everyons replys..

This will probably be an unpopular suggestion, so I am expecting flames.

However the tried and tested damage limitation process in these cases is as follows. (1) Respond to the summons/requisition/SJPN pleading not guilty to both allegations, and requesting a court hearing (2) Turn up to court (3) Track down the person prosecuting traffic cases, the usher or clerk should be able to assist you here. (4) When speaking to the prosecutor you offer to plead guilty to the speeding allegation on the condition that the S172 allegation is dropped.

In most courts this is a routine and familiar arrangement and I've never heard of it being refused. I have also known it done in the court itself, when there was no opportunity to speak to the prosecutor beforehand. In that case you'd make the offer to the bench, they will ask the prosecutor if he is happy with this, and they usually are.  

Doing this deal should mean you only get 3 points, but unfortunately the fine will be higher than the fixed penalty.  It will be significantly less than a fine for S172, and the speeding endorsement has much less impact on insurance pricing as well.

Hope this helps ..