Incorrect offence on summons

[tony12uk]

Hi All

 

I have received a summons for non payment of fines. However, they have listed two offences on it and a breakdown of the amounts imposed and one is correct and the other cannot be correct.

 

The dates are completely different by approximately a year yet the Registered Fixed Penalty Ticket Number is exactly the same. The earlier offence is impossible as it on the same road as the second offence but I didn't live in that area until slightly before the second correct offence.

 

What can I do now, if anything?

 

Hope someone can help and hope my post makes sense! I am willing to copy and email the letter to someone if that helps.

 

Thanks

 

Tony

[honeybee13]

Hello there.

 

Are you talking about a parking ticket? If you can tell us a bit more about your query, your thread can be moved to the right forum.

 

My best, HB

[tony12uk]

Hi honeybee13

 

There are two offences on the document:

 

28/04/20110 - Registered Fixed Penalty Ticket number : R83011021 NTO issued on: 09.10pm at GREENACRES ROAD OLDHAM. Vehicle Registration: KP02 WJF. Speeding - exceed 30 miles per hour on restricted road - automatic camera device. Victim surcharge - £15.00. Costs to Crown Prosecution Service - £35.00. Fine - £35.00.

 

02/07/2011 - Regsitered Fixed Penalty Ticket Number : R83011021 NTO issued on: 09.10pm at GREENACRES ROAD OLDHAM. Vehicle Registration: KP02 WJF. Use a motor vehicle without third party insurance. Fine - £300.

 

The second offence being the correct one. This happened on the road at then end of my street. I only moved here in April 2011 and so the first offence never even happened. Plus I was stopped literally as I came out of my road onto Greenacres Road and the only offence was no insurance and no tax. I barely got to 10mph before I was stopped so I have no idea where they have a speeding offence.

 

Thanks for your help .

 

Tony

[AKG123]

I am so sorry to but in this discussion but anyone know how to ask a question? I'm stuck! I want to ask my own question and don't know how???

[honeybee13]

AKG hello. Please follow the link below to post on the CAG Welcome forum to start a new thread. Once you tell us what you want to ask, your thread can be moved to the right forum.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=84

 

Tony, I'll move this to the thread to the parking ticket forum, where the guys should be able to help you.

 

My best, HB

[green_and_mean]

Hi honeybee13

 

There are two offences on the document:

 

28/04/20110 - Registered Fixed Penalty Ticket number : R83011021 NTO issued on: 09.10pm at GREENACRES ROAD OLDHAM. Vehicle Registration: KP02 WJF. Speeding - exceed 30 miles per hour on restricted road - automatic camera device. Victim surcharge - £15.00. Costs to Crown Prosecution Service - £35.00. Fine - £35.00.

 

02/07/2011 - Regsitered Fixed Penalty Ticket Number : R83011021 NTO issued on: 09.10pm at GREENACRES ROAD OLDHAM. Vehicle Registration: KP02 WJF. Use a motor vehicle without third party insurance. Fine - £300.

 

The second offence being the correct one. This happened on the road at then end of my street. I only moved here in April 2011 and so the first offence never even happened. Plus I was stopped literally as I came out of my road onto Greenacres Road and the only offence was no insurance and no tax. I barely got to 10mph before I was stopped so I have no idea where they have a speeding offence.

 

Thanks for your help .

 

Tony

 

Contact the Court and explain the problem its fairly obvious you could not have been flashed by a camera at the same time you were being spoken to for no insurance.

[tony12uk]

Hi green and mean, there aren't even any cameras on the road. Its a side road. So should I ring them before I go to court or should I wait till I appear as I obviously still have to go to discuss how to pay the fine for at least the no insurance?

 

Its all very weird as its the same ticket number, same time and same road but completely different date.

 

Thanks for your help.

[assisted blonde]

Date could be a typo phone the court

[Darfyddi]

Presuming it is the council that is trying to do you for speeding I believe you can ask for the photographic proof of this and if you are right about the camera (or lack of) then that alone should clear the matter up. The fact it is a court matter and not a ticket through the post (or have you had these and ignored them?) suggests to me that the speeding charge is one issued by a police officer, not a camera so there should be a log book available to someone detailing that speeding offence at the time it actually happened.

 

You quoted the document that details the 2 accusations and said you were pulling out on to the road when you were stopped for no insurance? Have I interpretted that right> i.e. was it a living breathing copper that stopped you and issued you a ticket of some sort regarding the lack of insurance? If this is the case then could you use the police complaints procedure to try and find out if the police accidentally wrote your details onto someone elses paperwork when they were writing up your case back at the station.

[tony12uk]

It was a police officer that stopped me as soon as I pulled out of an adjoining road. I would have barely got above 5 - 10 mph before I was pulled over and it was never mentioned about speeding. I haven't had anything else through the post at all regarding this apart from details regarding the fine which I had originally presumed was wholly for the no insurance.

 

I will definately look into the police complaints procedure and take it from there then because speeding absolutely and categorically didn't happen and wasn't even mentioned by the officer! And so the date won't be a typo, if anything the whole section on speeding was a typr.

 

Thanks all for your help.

 

Tony

[Darfyddi]

The address for your policecomplaints commission will be different according to where you live so itshould be listed here:

http://www.ipcc.gov.uk/en/Pages/professional_standards_contact_details.aspx

I see you have made a typo on thedate in the first ticket but I guess from the first post you meant to type'2010' (not 20110). IN10 offences can take about a year to be processed if thepolice weren't aware when they took your details but it is strange that it tookthem this long for you to be summoned and I am also struggling to understandhow a SP30 would take almost 2 years to come to court; so as Green_and_Meansays- make some calls. I would try the court first to explain the situationlike G&M says then if possible I try to get legal advice. I am not too sureon your circumstances regarding legal representation and help and also as I amnewbie here, I do no know CAG’s view of citizens advice bureau but I know theyhave access to a solicitor that may be able to help or could point you to some othersor the law centre nearest to you but the paperwork you received from the courtsshould also direct you to a duty solicitor if you wish. I would get the advice becauseif the police have made a clerical error on the speeding ticket by issuing itto you instead of whoever it was meant to be for then they may have made aclerical error somewhere on the insurance charge too and this could be enoughto get the case thrown in your favour.

Regarding the insurance sidethough, I have been there in the distant past and I would advise you to look atall proof you may have that could have lead you into thinking you were insuredat the time.

i.e. did a policy elapse after the12months that should have been automatically renewed? Was a policy cancelledafter you missed direct debit payments? Was the policy non-existent because youwere covered 3rd party on this car due to having comp' on another car but youwere unaware that you weren't covered due to loss of job, change of policywithout notification etc.? In any of these events it is still your responsibilitybut if, let’s say, your policy was cancelled through missed payments, theymailed you registered notification of cancelation that you never received butyou kept receiving letters saying 'thankyou for being insured on your car with us, now do you want to by some homeinsurance’ then you have some proof as to why they led you to believe youwere still insured. Ignorance is not a defence but if you have somejustification for your wrong doing then you might get a more lenient punishmentin terms of costs/fines and the length of time you will be banned for.