Incorrect details on a speeding summons, advice please.

[alvin100]

A work mate was caught by a Gatso some months back. He received the fixed penalty paperwork which he sent off
with his licence. His licence was so badly worn, he was told he had to apply for a new one which he did, There were some delays in issuing the new licence which means he has now been given a court summons over the speeding offence. However the summons paperwork has his correct registration but wrong make and model of car (Alfa Romeo when he has a peugeot)
Will the incorrect details affect his case, does he have an argument or is he tied by the fact that he originally admitted guilt on the fixed penalty paperwork??

[Buenchico]

It might depend on exaclty how the charge is worded.

If it says something like, "did drive a motor vehicle, namely an Alfra Romeo with registration number AB123 XYZ, at a speed in excess of . . ., then the charge is incorrect and the court should not convict.

However, if (as is probably more likely), the charge simply reads along the lines of, ""did drive a motor vehicle at a speed in excess of . . ." (where the registration number and, more importantly, the make are only referred to in the evidence before the court) then it's likely that the court would convict him. This is because a minor flaw in the evidence for a case does not automatically lead to an acquittal

Chris

[Barmaid]

Even if the summons is incorrectly worded, if the prosecutor discovers this they can make an application to amend the summons under s142 of the Magistrates Court Act any time up until the close of the prosecution case.

[NORMANTHEDOG]

quite right barmaid,at least someone knows what they are talking about

[DuracellB]

Ask the court to produce the calibration certificate in your defence. If the gatso is not calibrated then they cannot give you points!!

[alvin100]

Thanks chaps, my view is that he should take the fine and the points or driving awareness course if offered, but my concern for him is that he has been summoned due to a couple of genuine errors in his licence renewal causing a delay in completeing the process of pleading guilty to the original fixed penalty, surely this means that if he now pleads guilty in court he may be subject to a much larger fine and perhaps costs as well..

hope that makes sense!

[Barmaid]

If he continues with his guilty plea, the fact that he originally admitted guilt and the delays were not his fault means that the magistrates should this into account in sentencing. He could plead guilty by post and explain all of this or he could choose to attend court. However, the fact that the delay - and subsequent court hearing - is not of his doing should (not will) be taken into account by the magistrates and with any luck he will be sentenced to what he would have got on the FPN without having to pay additional costs. To be doubly sure, he should appear himself in court and explain all this and ask the magistrates to consider giving him what he would have got under the FPN. To ensure this however, he needs to plead guilty at the earliest opportunity (ie his first court hearing).