Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Jango_53 on December 15, 2024, 02:22:18 pm
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Thank you for your response... sorry the date on the CoFP was 03/12/24... it was one day short.
So I have been incredibly lucky? Presuming I don't response to the COFP.
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666 is technically correct in respect of your narrow question, completely ignoring the context. In much the same way that a chocolate teapot can be used to make tea as long as the water is cold.
The 6 months time limit is for instigating court proceedings, not for you to receive the SJPN, appear in court, or any other event which does not consist of issuing the Written Charge and SJPN.
They cannot lawfully instigate proceedings within the 28 day suspended enforcement period of the COFP, so any COFP issued from just after 5 months would be a get out of jail free card (assuming that you do not accept their COFP).
Back in the days of hypothecation (when the police received the fixed penalties and deducted their "operating expenses" before passing whatever wasn't left to the treasury), the police would often issue COFPs too late to prosecute if they were not accepted. Since that stopped (to be replaced by taking a £35+ cut from every speed awareness course they manage to sell), such incompetence has been quite rare.
BTW, since when is 04/12/2024 not 6 months after 04/06/2024, but a day shy?
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Can they start proceedings if I haven't been given 28 days from the date on the CoFP?
Not withstanding this would the 28 days stated on the CoFP still apply? Even if 6 months has past since the offense?
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No. The police must start proceedings within six months. It may take some weeks for the paperwork to reach you
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I was wondering if anyone could advise me on the following:-
On the 04/06/24 I was caught speeding doing 50mph when the variable speed limit on the motorway was 40mph.
I was issued a NIP on 06/06/24, which within a few days confirmed it was myself driving.
I then didn't hear anything at all until the 09/12/24 when a CoFP was issued which was dated 04/12/24 (one day short of 6 months).
It has now been over 6 months and I still haven't received an SJPN.
I don't dispute the speeding offense, but if I haven't received an SJPN within 6 months (regardless of a very late CoFP) has my offence been 'thrown out'.
Thanks for any help.