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No fixed penalty offer and summons issued more than six months after the offence: can they proceed against me?
My husband received a Notice of Intended Prosecution for contravening a red light where he named me as driver. I accepted my own NIP and expected to receive 3 points and a £60 fine on a fixed penalty notice. Three months later I received a letter to say could not be dealt with by fixed penalty and would be referred for prosecution by a court. I have recently received the summons but it is more than six months since the offence. Is the summons still valid? Any suggestions where I go from here?
The reason they have issued a summons is because of process. Through no fault of yours they got beyond the 91 days following the offence where a Fixed Penalty Notice is open to them but a document leading to a summons can be placed before the court up to six months after the offence. If the document is placed before the court in date then the summons can be issued after the six months.
You need to contact the court and ask them when the summons was requested. If it was within six months and one day they are in date, if it was after then they are out of date and the case will fall.
Even if the summons stands then you will be able to request that it is dealt with on the same terms as a fixed penalty (£60 and three points) without your needing to attend as obviously the case needing to go to court is not your fault. I am afraid that the date on the certificate is not a defence as it merely shows the date of printing.
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