Speeding fixed penalty (Scotland)

ooro

spacey2012 wrote: »

To be honest, if the prospect of court or the potential of a greater penalty worries you, go pay it as quickly as possible.
This is not for you.

You need a big set of ***** to avoid getting sheep rustled by these people.
You have a very good technical argument, but do you have the gumption to do it.

Most don't and you are far better deciding which camp you are in now.

Very fair point I guess I'm probably in the small set of… camp but have a few weeks to think about it…

O

Captain_Flack.

ooro wrote: »

Very fair point I guess I'm probably in the small set of… camp but have a few weeks to think about it…

O

Let him provide some legislation before you take his advice.

spacey2012

Do you mean Case law, Captain ?
I think you may have your Legalisation and case Law confused.

Captain_Flack.

spacey2012 wrote: »

Do you mean Case law, Captain ?
I think you may have your Legalisation and case Law confused.

Whatever, give the man a defence rather than your usual hot air and false hope.

System

ooro wrote: »

Thanks, so what is the slip rule?

if the matter proceeds to Court, errors can be corrected in the Court papers. The Slip Rule allows typographical or minor errors to be corrected in this fashion, it does not however allow the prosecution to bring a completely new case or allegation.

I would think that an incorrect registration letter falls well within this.

spacey2012

Nobody can really advise on a Magistrates hearing, as they can "do as they like" and often do, the higher court is for case law arguments and they have been using
Pope v Clarke (1953) as a defence, which is appears to never have been correctly challenged.

My advice remains the same, examine your fighting capacity and bank balance or pay the FPN.

Captain_Flack.

spacey2012 wrote: »

Nobody can really advise on a Magistrates hearing, as they can "do as they like" and often do, the higher court is for case law arguments and they have been using
Pope v Clarke (1953) as a defence, which is appears to never have been correctly challenged.

My advice remains the same, examine your fighting capacity and bank balance or pay the FPN.

It's in Scotland so there won't be a magistrates hearing.

Another example of why the op should ignore your advice.

Paradigm

The fact you were stopped at the roadside by more than one officer (you used the word officers in your OP) would pretty much make the minor error of one wrong digit irrelevent.

If it went to court they would correct it under the "slip" rule & it would likely cost far more than paying the FPN.

I think Spacey is getting his FPNs & PCNs mixed up... the wrong reg on a PCN is indeed fatal.

Johnmcl7

The slip rule does not apply here as what the OP has is nothing to do with the court. If the OP goes to court then the CoFP is discarded so any errors on it are irrelevant.

John

ooro

Johnmcl7 wrote: »

The slip rule does not apply here as what the OP has is nothing to do with the court. If the OP goes to court then the CoFP is discarded so any errors on it are irrelevant.

John

This is all rather academic because I will probably just pay up and take the punishment - however the number plate on the CoFP is presumably wrong because they entered it in their system wrongly so would they not then need to use that in court? and repeat the error on any summons?

Ooro