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Notification of Intent to prosecute (speeding)
Comments
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It's more complicated than that.
There is an overall time limit of six months for the camera partnership to serve papers to the Court, but the Court may well take a long longer to actually issue a summons.
Hi all
Just wanted to double check this with you guys. Long story short: was caught in St Albans doing 39 in a 30. got sent a letter to do a speed awareness course (£85 btw) which i agreed to. hand on heart, the date for the couse came and went and i totally forgot about it (i know, i know!). when i realised i contacted them straightaway and they basically told me to sod off & cough up my docs to be endorsed, which i did.
i've now got a letter today saying they didnt receive my docs in time and so proceedings will go ahead! i haven't got proof of postage, i just sent it i normal post at work but did give myself enough time. i cant believe it!
is the process quoted above what will happen? what are my options at court?
thanks guys xx0 -
This is likely your best bet:7. Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post
Note that the burden of proof is on the camera partnership.
However as it's a Magistrates court, the law has little bearing and it will more likely be judged on how bad the Magistrates' hangover is, how much the previous defendent ****ed them off or what colour your skin is.
Edit: http://www.telegraph.co.uk/motoring/caradvice/honestjohn/5835910/No-need-for-physical-proof-of-posting-documents-to-DVLA.htmlThe Interpretation Act 1997 s7 makes it clear that a document sent by first-class post is deemed served. If the sender has proof of posting (or a witness), the DVLA's letter of acknowledgement is a mere distraction.
If he has no proof, he can swear an affidavit that the V5 was completed and posted. Of the cases that have been challenged as above, I'm not aware of any the DVLA has taken as far as a magistrates' court.
Ok so it talks about the DVLA, not a camera partnership, but the rules are the same. Subject to the caveats I listed above.0 -
Hey Lum, thanks. Herts don't muck around - have already rcvd the summons information! In light of what you've said above, what do you guys think about me actually attending the hearing and trying to get the costs (£70) waived? I've no problem with the 3 points and £60,but another £70?! I've already paid £85 for the course, another £25 to rescedule that courses to another date as the DVLA had my d/license to renew the picure, and now another £70 costs just cos my license was apparently recvd late?!0
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It won't be £60 and 3 pts at court, that is only the penalty if you are offered, and accept, and FPN. At court it will be 3pts, plus a fine based on your weekly income, plus costs.0
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Just to update my original post, my husband received a conditional offer of a £60 fine & 3 points, which needless to say he's taken. Thanks again for all your help & advise, particularly Lum.COMP WINS FOR HUBBY & I SINCE SEPTEMBER:2 £50 DOMINOS VOUCHERS, 13 PAIRS OF FOOTBALL TICKETS, MICROSOFT HOME EDTN, 2 PAIRS OF ALTON TOWERS TICKETS, 1 CASE OF PERCY PIGS, 1 PAIR OF LEATHER LADIES GLOVES, 4 COLLECTION 2000 PRODUCTS, PLAYSTATION 3 WITH FIFA 12, 5* HOTEL STAY IN LONDON, SEASON 6 OF SUPERNATURAL DVD, PERFECT PIZZA VOUCHER0
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There is a case where a fine for driving at 47mph was sent to the owners of a sandwich van that had not moved for 4 years.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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No it won't - once proceedings get to court, the offer of a CoFP is irrelevant.
the docs i've rcvd state:
If you are convicted the court will be asked to order you to pay costs. if you plead guilty by post the application will be as shown below. if you disagree withthe application explain why when you write to the court. £70 costs are applied for.
So i will pay £70 costs?0 -
here's an idea. Dont drive over the posted speed limit.
Just a thought"If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna0
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