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ERRORS ON SUMMONS ????? PLEASE HELP

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drugrin | 19:15 Fri 24th Aug 2012 | Criminal
5 Answers
I wonder if someone could please help me? It’s a bit complicated (well what legal matter isn’t) so please stick with it

If there are any legal people out there I would really appreciate any advice .

Brief out line.

I am a company car drive and I am the registered keeper. The car was caught in speed camera a few months ago doing 59 in a 50 zone and I was duly notified of this. I informed the police that as the car is insured any driver and the car covers over 30k miles a year I couldn’t remember who was driving the car at the time of the alleged offence.

I have now received a summons to appear in court for the offences of

1. speeding excess 50 mph local order manned equipment
2. fail to give information re drivers identity as required

Here is the issue

In a signed witness statement for the process clerk it states: and I quote

All offences dealt with by the ********* constabulary are administered through the use of an offence viewing system and vehicle and keeper details are obtained by a direct lick to the police national computer (PNC). This information is provided directly from the DVLA. This information is returned electronically, updating the offence viewing system which is then imported into an offence management system that generates a combined notice of intended prosecution/section 172request for information etc etc

It also state that: “when the forms are printed they are check to see if the information is correct.

Now here is the problem..

As I have said I have just received the summons however there are mistake on it.

1. The name is wrong as my name is DAVID, they have used Dave on the summons
2. The address is wrong as I live in a CRESCENT and not a Close which they have used on the summons
3. something small but on the last page of the statement the date has been changed from a 21 into a 25 with no correction signature next to it

if they really got my information from the PNC and the DVLA as stated in the signed statement how did they get it so wrong.

Could I argue this a point of law when I go to court?

Answers

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There was a good answer by New Judge on your earlier question about how to deal with the fact that you can't identify the driver
19:22 Fri 24th Aug 2012
Does your employer not have records as to who was driving? Someone must have been driving so the fine should be paid, I reckon..

I am not sure whether the errors are sufficiently immaterial to invalidate he summons. Maybe you could let them know of the errors on the form.
There was a good answer by New Judge on your earlier question about how to deal with the fact that you can't identify the driver
I am not a lawyer but I would suggest that as the summons has errors on it then you could argue the withdrawal of the summons, however , I think they might re issue a corrcted version.
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My augment would be if errors are made like this then how can they prove without reasonable doubt that errors haven’t been made in other areas of the case. After all it is a signed witness statement
The errors are not sufficient to invalidate the summons or to cause the discontinuation of the matter. The prosecution can amend the details on the summons at any time up to the closure of their case in court.

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