3. SJPN to be received
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The Rookie

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Re: SJPN to be received
« Reply #15 on: June 11, 2024, 03:33:37 pm »
Quote from: Sandy217 on June 11, 2024, 03:14:49 pm

I am very close to 6 month period
How close to the 6 month timeout? If the expiry date of the Conditional Offer of a Fixed Penalty is after the 6 month TIMEOUT then you could just ignore it as no, proceedings would not have commenced, that would have to be raising the written charge and attendant Single Justice Procedure Notice (not really a summons).
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Sandy217

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Re: SJPN to be received
« Reply #16 on: June 11, 2024, 04:13:17 pm »
The first conditional offer expired and I received a letter confirming : “… details were not received within the specified period and now the Met Police have commenced proceedings at the magistrates court. This can no longer be dealt with at the fixed penalty stage and you will receive a summons in due course…” I then received the second conditional offer.

The second offer,  expires 2 weeks after the 6 month period (in 4 weeks time) . The 6 month period expires in just over 2 weeks.

I’m concerned about the letter advising me of the initial commencement of proceedings and whether they can argue this in itself was sufficient 
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Southpaw82

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Re: SJPN to be received
« Reply #17 on: June 11, 2024, 05:47:08 pm »
Quote from: Sandy217 on June 11, 2024, 04:13:17 pm
I’m concerned about the letter advising me of the initial commencement of proceedings and whether they can argue this in itself was sufficient

I assume you don’t practice in criminal law? Proceedings are commenced, in respect of a public prosecutor, by issuing a written charge, accompanied by either a requisition or a single justice procedure notice. These need to be sent forthwith.
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NewJudge

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Re: SJPN to be received
« Reply #18 on: June 11, 2024, 07:30:39 pm »
Quote
...I then received the second conditional offer.

Are you saying this is a second conditional offer for the same offence? Proceedings cannot be taken until the end of the suspended enforcement period. And they cannot take proceedings more than six months after the date of the offence. 

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Sandy217

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Re: SJPN to be received
« Reply #19 on: June 11, 2024, 11:42:01 pm »
No, criminal law was always my weakest area…
Thank you for the information 😊
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Sandy217

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Re: SJPN to be received
« Reply #20 on: June 11, 2024, 11:43:18 pm »
No, criminal law was always my weakest area… Thank you for the information 😊

Quote from: Southpaw82 on June 11, 2024, 05:47:08 pm
Quote from: Sandy217 on June 11, 2024, 04:13:17 pm
I’m concerned about the letter advising me of the initial commencement of proceedings and whether they can argue this in itself was sufficient

I assume you don’t practice in criminal law? Proceedings are commenced, in respect of a public prosecutor, by issuing a written charge, accompanied by either a requisition or a single justice procedure notice. These need to be sent forthwith.
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Sandy217

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Re: SJPN to be received
« Reply #21 on: June 11, 2024, 11:46:37 pm »
Yes, this is the second conditional offer (should receive in the post tomorrow apparently) under a difference reference number / second reference number.

Thank you both for your valuable comments 😊

I’ll make a decision re accepting the points over the next few days, if there’s a slight risk of being in front of a magistrates, I’d rather not take it.


quote author=NewJudge link=topic=2156.msg25620#msg25620 date=1718130639]
Quote
...I then received the second conditional offer.

Are you saying this is a second conditional offer for the same offence? Proceedings cannot be taken until the end of the suspended enforcement period. And they cannot take proceedings more than six months after the date of the offence.
[/quote]
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andy_foster

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Re: SJPN to be received
« Reply #22 on: June 12, 2024, 12:55:41 am »
Quote from: Sandy217 on June 11, 2024, 04:13:17 pm
I then received the second conditional offer.

The second offer,  expires 2 weeks after the 6 month period (in 4 weeks time) . The 6 month period expires in just over 2 weeks.

Quote from: Sandy217 on June 11, 2024, 11:46:37 pm
Yes, this is the second conditional offer (should receive in the post tomorrow apparently) under a difference reference number / second reference number.

So, you have received a second COFP, which you expect to receive tomorrow?
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Sandy217

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Re: SJPN to be received
« Reply #23 on: June 12, 2024, 01:53:38 pm »
I’ve been advised this, yes. Although, I’ve not received anything in today’s post…
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The Rookie

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Re: SJPN to be received
« Reply #24 on: June 12, 2024, 03:10:26 pm »
If what is genuinely a new CoFP arrives you would be free to ignore it as your offence would time out before they could action it it (during the suspended enforcement period), but I'd be quite surprised if they made that mistake.  They could be sneaky and raise the charge and SJPN prior to sending the CoFP but that, IMO, is an abuse of process.
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ManxTom

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Re: SJPN to be received
« Reply #25 on: June 12, 2024, 09:10:21 pm »
I'm more than a little surprised that the police would issue a second COFP after the OP had already missed the deadline for the first one.

Particularly if the second COFP will allow the original speeding offence to time out.

It makes no sense that they would issue a second COFP...
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Sandy217

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Re: SJPN to be received
« Reply #26 on: June 12, 2024, 10:14:24 pm »
I agree, but they were at fault for not processing my driving licence details, despite receiving them on time, maybe that’s why?
Initially they wanted me to email the details across but from what I understand the details have to be in writing / ie not email / electronic form.

I haven’t received the second COFP today… although I was given a second / different reference so they must have raised a second COFP. I will wait and see if it arrives by Friday and if not, contact the Police
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The Rookie

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Re: SJPN to be received
« Reply #27 on: June 13, 2024, 08:22:56 am »
Quote from: ManxTom on June 12, 2024, 09:10:21 pm
I'm more than a little surprised that the police would issue a second COFP after the OP had already missed the deadline for the first one.

Well if Sandy had actually fully complied with the first one he would have a defence in court anyway, you can't be prosecuted for the Police making a mistake processing it!
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Sandy217

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Re: SJPN to be received
« Reply #28 on: June 18, 2024, 10:03:56 am »
I’ve now received the second COFP providing the additional 28 days. And also an email for my driving licence details - front and back to be sent via email.

I think I’m going to wait until the 6 months expires and then contact the police for confirmation the matter is closed with no further action.

If they don’t confirm this I’ll still be within the 28 days and can accept the COFP (don’t want to risk them having commenced proceedings)

Thanks for all your help all :)

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The Rookie

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Re: SJPN to be received
« Reply #29 on: June 18, 2024, 12:48:41 pm »
Quote from: Sandy217 on June 18, 2024, 10:03:56 am
then contact the police for confirmation the matter is closed with no further action.
Any you expect a truthful answer?

If they made a hash processing it the honest thing for them to do was to close the case not issue another CoFP, so trusting them now in the face of that seems...well, naïve?
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