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Messages - Just234

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1
An update and a lucky result
Attended the court date in March and they dismissed the case because they had the wrong name in their paperwork.
Didn’t hang around to find out how or where just happy for the outcome!

2
Just an update so far. I submitted my paperwork to the SJP office and waited for it to be assigned to a court. I spoke to the court direct and they made an appointment to appear in court for a statuary declaration.
I requested it expedited due to the ban and they were very helpful and gave me a date within 2 weeks.
I attended and made the declaration that I was unaware of the proceedings along with my paperwork showing postal issues and they have re opened the case.
I have a date set for March next year and any points and resulting totting up ban has been wiped off my record.
Very grateful for everyone’s help and input

3
Many thanks that info is much appreciated

4
The written charge.


Should I have received a ‘written charge’ in the post?
I’m just trying to work out which document a written charge is. And to clarify which date I need to be aware of.
 I have no document with the name ‘written charge’ on it. I have a ‘police report:section s172 offence’ and a postal requisition. Is either of them the written charge? Both of these are dated 11/12/2023

On the police report within the witness statement section it states
‘on 22/11/2023 I checked the FPU system ….. absence of record or reply no reply recieved’
‘A requisition was issued.’

But that requisition is not dated until 11/12/2023


And to confuse me even more it says in the SJPN dated 16/01/2024 (which I gather is not the ‘written charge’) it says charge date is 10/01/2024

5
https://www.legislation.gov.uk/id/ukpga/1980/43


That link isn’t really that helpful unfortunately as it in no way relates to what I was trying to get you to explain from your words in your post.
If you do have the time please can you let me know what is the necessary paperwork that must be issued within 6 months of the alleged offence.

Or if anyone else can help with that question it would be much appreciated.

6
Thankyou

When you say
‘This is done when the necessary documents were issued.’
What are the necessary documents?

Please can you expand on which documents and dates you see as conflicting.

And you say ‘contact the prosecution’
Are you saying I contact the court prior to completing the online form I’ve been instructed to do or is this something I ask later down the line.


7
Quote
The court ruled that, providing there was no reason to make a subsequent request (because, for example, the police had been given a wrong address for the keeper) the first request determines the date by which proceedings must be taken.

Quote
So you actually have details of the NIP and s172 request which was sent to you including when was it dated?


Perfect
I am the registered keeper and the bundle of paperwork I’ve been provided by the court has my correct address and has the date of the NIP sent on the 12/04/2023

When you say proceedings must begin - I have a document ‘postal requisition’ which is dated 11/12/2023
Then I have a SJPN with a postal date of 16/01/2024 and written on there underneath the FtF is charge date of 10/01/2024

So what date and what document means ‘proceedings have begun’





8
The failure to furnish is also a far more serious offence with 6 points minimum penalty.  You basically have to decide whether you want to pursue the fail  to furnish which is possible but often fraught with difficulties, or following the stat dec and re prosecution of both offences, do a plea bargain to accept the speeding charge if the FtF is dropped.  They nearly always oblige.

Thankyou

The SJPN has only the failure to furnish charge on it.
Not the speeding offence which it refers to.
Does that make any difference in the options you have outlined above?

The reason I was asking about the timescales is because I thought the speeding offence hasn’t been added because it is out of time.
If that is the case then there is question over the timescales for the FtF offence and whether that is also out of time.

Everywhere I’ve read there is no definite on when the 6 months timescales start and end.
Does it start with the first s172 request +29 days
Or depending on how many letters they send out they can pick at date off one of them?
It’s seems having read a few other instances that it’s normally the first - if I’ve been sent another letter and they’ve chosen that date to use isn’t that just them stretching the timescales in an effort to enable a charge saying that the speeding charge is out of time.

Then there is no info on where the 6 month timescale ends.
Is it that the SJPN has to be sent before the 6month deadline?

I know I’m probably clutching at straws but I do have solicitors letter regarding the mail going missing at the property dated around the same time period, so I do think I stand a good chance of arguing the not received.

9
Thankyou
So am I right in thinking that that then means the the offence being committed in May, the Postal requisition dated 11/12/23 is outside of the 6 month window?

10
For an offence committed on 29/08/23 they have until the following February to commence pro, so they were well in time in January.

This is what I’m trying to work out - if I was caught speeding 04/23 then given 28 days to respond my failure to respond offence would be on the 29th day so 05/23

Why have they then recorded my failure to respond offence as 08/23 ?


11
The S172 request for information was sent 12/04/23

12
By issued i mean committed the offence
(I'm sorry I don’t know how to word things properly and my memory/processing is not great.
I keep having to read and re read and it’s confusing for me.) I’ll explain
So…
I was caught speeding sent an s172 request for info 
I’m assuming (I did not receive it) I would have been given ‘X’ amount of days to respond. Let’s say 28 days. You would think on the 29th day I’ve passed the deadline date and therefore have committed a offence of failing to provide which would give reason for a charge with a s172 failure to reply offence…..?
So why if I’ve been sent a s172 request on 12/04/2023 has the charge of failure to notify been dated 4 months later?
The Postal requisition sent and dated 11/12/23 stating charge of failure to supply details 29/08/23

I’m just trying to work out the 6month timescales - do I have an argument to say the August date is wrong and that 6 months from the date of the original speeding offence plus 1month would mean the postal requisition sent in December is out of time?



13
Thankyou

So it is the failure to provide offence that is the factor here and is within the 6 month timescale
The speeding fine is not being from April

So that being the case I am required to plead only on that failure to provide charge.

I’ve read somewhere else that usually a failure to notify would be issued and recorded a month after the date of the speeding offence.
Why is mine dated 4 months later? Is this normal practise?



14
It would be really helpful if you could explain the 6 month timescale.



15
And if it’s called a written charge edited to clarify -
Speeding offence recorded on 01/04/23
Failed to Notify of drivers details 29/08/23
Written Charge issued 16/01/24

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