Summons :-(

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Mon 20 Sep 2010 15:29
Summons :-( - tony5974

hiya new to this - OK here we go

Received a summons for failing to produce the producer within the time limit.

when i 1st bought the car it had a private REG on and when i got pulled over it had the normal REG on (all above board with DVLA) and all that but the insurance doc still had the private reg on.

got the summons this weekend and phoned insurance again this morning and their sending me a letter out saying that i was covered on that date on the new reg in 3-5 days time.

court date is on 19th Oct and meant to be on holiday that week to another country, i got no idea what to do because this has never happened before - obviously not guilty for not being insure - but perhaps for not producing the producer???? it only mentions the insurance on the summons for the offence but still states that i didnt produce (hope this makes sense to someone) PLEASE HELP

Edited by tony5974 on 20/09/2010 at 15:40

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Mon 20 Sep 2010 16:41
Summons :-( - Dwight Van Driver

Clarify just what the summons is for?

Is it using a vehicle without Insurance, or

Fail to produce Certificate of Insurance ( and any other documents).

If the former your Insurance Company need to provide a Cerificate or letter to the effect that they considered themselves at risk in relation to the use of the vehicle on the date/time stopped. More later when you confirm above question.

If you are out of the country on the date of the Court hearing you can contact the Court Office concerned and ask for an adjournment of the case.

Dont panic

dvd

Edited by Dwight Van Driver on 20/09/2010 at 16:42

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Mon 20 Sep 2010 16:45
Summons :-( - tony5974

hi

failure to produce the certificate, i was insured but my insureance cert at the time was for the private plate.

thats why now iv phoned the insurance company up and they are sending me that letter

so all in all i was insured, so dont know how to go about this summons thing, obviously not guilty???

sorry if i seem a bit "dumb" haha just not used to this - any advice is welcomed

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Mon 20 Sep 2010 17:40
Summons :-( - Dwight Van Driver

Failing to produce a certificate of Insurance is an offence under section 165 RTA 1988 that carries no points.

In your case you could not produce the Certicate because of the change.

Under the Section at (4) is the following proviso:

Section 165 (4) RTA 1988:

(a)within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or

(b)it was produced there as soon as was reasonably practicable, or

(c)it was not reasonably practicable for it to be produced there before the day on which the proceedings were commenced,

and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

You may wish to consider writing in to the Mags Clerks Office with what you have stated in that you couldn't produce the certicate (send copy) due to non issue by Ins Company and see if they will discontinue under (c) above. If not that's still your excuse at Court.

?dvd

A person shall not be convicted of an offence under subsection (1) above by reason only of failure to produce any certificate or other evidence to a constable if in proceedings against him for the offence he shows that—

Edited by Dwight Van Driver on 20/09/2010 at 17:43

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Mon 20 Sep 2010 17:45
Summons :-( - Dwight Van Driver

I give up tried 6 times so far to get the above reply. Hope you can make sense.

DVD

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Mon 20 Sep 2010 17:57
Summons :-( - LucyBC

As DVD says they will normally drop on the producer if you can show you were insured.

You will probably have to turn up in court and you need a letter showing that the vehicle on risk on the previous plate was the vehicle you were stopped in on the subsequent plate.

If you can do that they will probably withdraw the charges.

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Tue 21 Sep 2010 08:23
Summons :-( - tony5974

sorry for the late reply

im expecting that letter off the insurance company in the next few days

so basically i will still have to go to court on that date? i cant sort this out before then (once ive got the letter) elsewhere? i recall reading somewhere that someone was sort of in the same situation and took his letter to the police station and they sorted it out there and didnt have to go to court.

reason im asking about the date of the court is that im all booked up to go away for that week, is it the court i have to ring up and explain that im away?

would i get another date before then or after then (if granted)?

again sorry for all the questions, its never happened to me and im EXTREMELY worried about this (its not like im a hardened criminal or anything)

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Tue 21 Sep 2010 11:47
Summons :-( - Peter D

Yes contact the court and obtain another date and explain you are not in the UK on the proposed date.

Why did you not contact the insurance company immediately and obtain the letter/cover note and then produce that.

Regards Peter

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Tue 21 Sep 2010 15:19
Summons :-( - Dwight Van Driver

First of all quit worrying. This isn't a hanging matter.

If a summons has been issued then it will not be resolved fully until the hearing. Although a letter as suggested may save a Courts time and they may be lenient.

You did not produce the Insurance within 7 days nor it would seem visit Plodstation and explain your predicament within the 7 days when a extention may have been granted. You appear to have been late in approaching your Insurance Company

So the offence has been committed.

Regarding your holiday you need to contact the Court office dealing with the case and ask for an adjournment of your case. It it highly likely this will be granted.

When you receive the new date consider attending and try the plea mentioned above (165(4)(c)) in mitigation, or you will have the opportunity to plead Guilty by letter when you can send in the facts in mitigation as you have quoted together with a copy of the letter from the Insurance Company. Expect a nominal fine (worked out on a percentage of your income),+ CPS Prosecution costs (£30 -50) +, £15 Victim Support supplement and NO POINTS.

dvd

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Tue 21 Sep 2010 15:41
Summons :-( - tony5974

Thanks for all your help, i phoned the court and explained to the lady my concerns, that i was insured but missed the date to produce, and asked about the change of court date, she said OOH just fill out the ple form with a tick for not guilty and write a letter along side it explaining about the different regestrations on the car, and also ask for the adjournment because i wont be in the country.

so im sort of at ease... for now anyways

again thanks all for your guidance and support :-)

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