Yeah just to clarify if I’d been charged for driving at 62 with a 60 whilst harsh id have probably just done the course. But they are saying my van is limited to 50mph for a LGV and not 60mph for a DPV. The trailer statement is a whole new thing! Not sure where theyve got that from.
Legal advice needed! Speeding in a converted N1
- Thread starter GHind
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So - this might be tricky and best to prepare.
I'm not sure about what happens in court but I assume you are asked, "guilty or not guilty?".
This is tricky as you were speeding but they have the paperwork all wrong. So you are guilty, but the paperwork is shoddy. Can you say something to the tune of, "without putting in a plea, my defence is that they have the paperwork all wrong" or do you just do a 'not guilty' and your defence is purely that the paperwork is incorrect?
I'm not sure about what happens in court but I assume you are asked, "guilty or not guilty?".
This is tricky as you were speeding but they have the paperwork all wrong. So you are guilty, but the paperwork is shoddy. Can you say something to the tune of, "without putting in a plea, my defence is that they have the paperwork all wrong" or do you just do a 'not guilty' and your defence is purely that the paperwork is incorrect?
It doesn't matter. They've made a material error and laid the wrong charge before the court. He could have genuinely murdered Fred Jones, but if the charge reads Dave Smith he didn't do it, and in this case the matter is time limited and the window to amend the charge has closed
Not guilty to the charge as worded as a) it was single carriageway, and b) you weren't towing anything. Hopefully you don't even have a towbar which makes that cut and dried.
Not guilty your honour and they still haven’t provided the calibration cert which could account for the 2mph discrepancy!
I don’t understand in these days of full advanced disclosure how they can just not provide the evidence for the offence.
If you had a solicitor they’d be asking for an adjournment on the day for the relevant evidence to be supplied so that you could consider your defence.
It’s a total abuse of process to be honest.
If you had a solicitor they’d be asking for an adjournment on the day for the relevant evidence to be supplied so that you could consider your defence.
It’s a total abuse of process to be honest.
I’d say so, but I’m not sure. Chain of evidence and all that. I can’t remember what speed he was accused of but I remember thinking that few road bikes would achieve it. Actually, it was the absurdity of the whole case that entertained me and the abject pitiful excuse of a defence solicitor!
Did you attend in person?
Probably say something in the local rag. If not you could have your say. They made a complete hash of it even compounding mistakes. How many people would just have given in because its too much trouble and lost out one wonders.
No just put the not guilty plea in with an explanation why. Not sure how it all works but I’m assuming a magistrate reads it and decides it’s a waste of time. Very frustrating that it took 6 months and a lot of internet research and help from this forum!!
That or the Police Chief decided they where on a looser.
Looks like the CPS have withdrawn it at the hearing. Shame as you won't get costs
I'm not sure that making them more competent would necessarily be a good thing...
I'd email the guy you'd been conversing with and write a polite "told you so", in order that he can remember it for future reference.
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