HELP court summons received

It is very different down here MBK, everything goes through the CPS, whereas in Scotland a Camera Partnership can decide to send something through the courts. Motoring offences convicted in court may show on PNC down here, I don't know about that a English copper would have to tell us, but they are not a "criminal record" in the traditional sense of the word, they wouldn't fail a CRB check.

Originally Posted by -Ralph-

It is very different down here MBK, everything goes through the CPS, whereas in Scotland a Camera Partnership can decide to send something through the courts. Motoring offences convicted in court may show on PNC down here, I don't know about that a English copper would have to tell us, but they are not a "criminal record" in the traditional sense of the word, they wouldn't fail a CRB check.

No they can't! The CPS is like our Procurator Fiscal office, we still need to put everything through them first!

Well, PNC is primarily English system, we have our own system to work from, so they must show motoring offences, I have checked many English people and it has shown their motoring convictions. Fair enough with the CRB.

Originally Posted by -Ralph-

No, they would then need to notify the OP that they intended to prosecute. "Notice of Intended Prosecution", they cannot proceed with a prosecution until they have done this (though they may have done this and he didn't get it).

Even if somebody else had named him as being in charge of the vehicle at the time of the offence, that still doesn't prove he was driving. He could have given somebody else the keys, they still need to send him s173 ask him who was driving.

LOL! That'll be a Section 172 then Ralph!! But you are spot on with that.

[Shellywoozle]

Motorngs convictions do show on PNC. That's my bit done

Originally Posted by fizzwheel

Now heres a thought.

Liz got pulled for speeding on the M5 a while ago. I very nearly did, but thats another story... the officer that stopped her cautioned her at the side of the road for driving without due car and attention and speeding. so no need for an NIP.

Good thought, SV-MAT, you certainly didn't get stopped by the police at any point?

I don't think it's relevant, but is it your car? Not a company car, or a lease car? Do you have the V5 registration document in your name and at your parents address?

Think carefully about that last question. I realised last week that the V5 for my XT600 that I bought in December has never arrived, because the previous owner phoned me to say he'd had a tax disk reminder! He says he sent the new keeper supplement to the DVLA, but the bike is still registered in his name! If you had asked me if I had a V5 I'd have said yes because I have four vehicles and I had put all the paperwork away when I bought the bike, not expecting a V5 to be amongst it, so there was nothing in my head flagging that something was out of order.

Everything has now become clear as to the NIP not being issued, my friend just told me he has a court summons for same day same offence same time and whereabouts as we were riding together. At the time we were being followed by a police biker (we may have been riding slightly fast before we realised he was behind us) and i took my turning toward home whilst my friend continued down the road, he was then pulled over and cautioned and asked if he knew me and if were riding together. It must have been the police bikers intention to pull us both but did not do so before i took the turning. Apparently both our numberplates and details were taken.

Thank you so much for all the advice and help. Just got to see about acquiring this evidence, i will be contacting a solicitors on monday.

Originally Posted by Milky Bar Kid

No they can't!

Lothian Speed Camera partnership did it to me MBK, was filed with the court and the court summons came from the Camera Partnership, never went near the PF.

Originally Posted by Milky Bar Kid

LOL! That'll be a Section 172 then Ralph!! But you are spot on with that.

Fingers fatter than laptop keys

Originally Posted by SVMAT

Everything has now become clear as to the NIP not being issued... he was then pulled over and cautioned and asked if he knew me and if were riding together. It must have been the police bikers intention to pull us both but did not do so before i took the turning. Apparently both our numberplates and details were taken.

Thank you so much for all the advice and help. Just got to see about acquiring this evidence, i will be contacting a solicitors on monday.

Doesn't matter, he didn't pull you and caution you, so they still need to have issued an NIP by post. If they have filed papers with the court and never produced this NIP, you are in the clear.

[fizzwheel]

Originally Posted by -Ralph-

Doesn't matter, he didn't pull you and caution you, so they still need to have issued an NIP by post.

Thats my understanding of it to.

If they didnt issue the NIP then I would think that the Solicitor should be able to deal with it swifty. If they did and the OP never received it / lost it, then thats a different matter.

Originally Posted by -Ralph-

Doesn't matter, he didn't pull you and caution you, so they still need to have issued an NIP by post. If they have filed papers with the court and never produced this NIP, you are in the clear.

If no NIP exists, you will need to challenge the need for it in court though! Again don't speak to the police about the NIP until you have spoken to your solicitor.