Fixed Penalty from Traffic Offence Report

DevCoder

peter999 wrote: »

Maybe, maybe not, maybe they have forgotten.

I'll contact, making sworn statement I did not receive letter with Fixed Penalty if they say they sent.

Thats not acceptable in a court, the sender is deemed to have sent and delivered (Served) the recipient with any correspondence after 2 days of being sent in the mail system.

Car_54

krisdorey wrote: »

Thats not acceptable in a court, the sender is deemed to have sent and delivered (Served) the recipient with any correspondence after 2 days of being sent in the mail system.

It's totally irrelevant in court!

The whole point of a fixed penalty is to save the time and expense of a court hearing. Whether the offer was received or not doesn't matter, by the time the case gets to court that is ancient history. All that matters then is the evidence of the actual offence, not any correspondence or conversations since.

peter999

Quentin wrote: »

You cannot go on the word of the officer. He could have given you the FPN on the spot.


Why not contact them and sort it out - or if you don't want to sit back and wait out the six months.

No, it seems the system changed few years ago and they don't issue FPN, they issue TOR.
The police officer said it would be FPN, as that must be standard.

Why remind them ?

peter999

krisdorey wrote: »

Thats not acceptable in a court, the sender is deemed to have sent and delivered (Served) the recipient with any correspondence after 2 days of being sent in the mail system.

And letters getting lost or not being sent is not acceptable !

That's just a general statement regarding service, of course it matters if letters are not received and procedures not followed.

peter999

[quote=[Deleted User];66521787]It's totally irrelevant in court!

The whole point of a fixed penalty is to save the time and expense of a court hearing. Whether the offer was received or not doesn't matter, by the time the case gets to court that is ancient history. All that matters then is the evidence of the actual offence, not any correspondence or conversations since.[/QUOTE]
Of course it's relevant.

There's little point in pursuing a court case wasting time & money if they issued an FPN which would have been accepted, which was never received.

Quentin

peter999 wrote: »

Why remind them ?

You don't have to, it's just you seem concerned.


Otherwise why keep posting about it?

Quentin

peter999 wrote: »

Of course it's relevant.

There's little point in pursuing a court case wasting time & money if they issued an FPN which would have been accepted, which was never received.

You haven't revealed your crime, but maybe it needs a bigger punishment.


Don't worry about the time and money a court case will cost us - you will be paying for that,

Car_54

peter999 wrote: »

Of course it's relevant.

There's little point in pursuing a court case wasting time & money if they issued an FPN which would have been accepted, which was never received.

They don't issue a FPN, they issue a COFP (Conditional offer of an FP), and one of the conditions is that it has to be accepted within a given timescale.

Anyway, I wasn't describing what should happen in an ideal world, just what happens in the real world.

In that world, very few letters actually do go astray. Most of those which allegedly do, strangely enough, are those which bring the recipients bad news.

In any event, as the clock is ticking towards the six-month limit for prosecution, the authorities don't mess around with reminders,but proceed straight to summons.

DevCoder

peter999 wrote: »

And letters getting lost or not being sent is not acceptable !

That's just a general statement regarding service, of course it matters if letters are not received and procedures not followed.

Not quite sure why you reference "service".

It doesn't matter in a court of law, the letter is deemed "delivered" two days after it is posted.

You would have to prove in the balance of probabilities that what you are insinuating was correct.