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6 month delay in recieving single Justife procedural notice
drizzy19
post Fri, 17 May 2019 - 20:25
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Hi All,

I was caught speeding (50mph in a 30mph) zone in Slough on the 15/11/2018.

I recieved my NIP on the 23/11/2018.

I responded, letting them know I was the driver at the time of the offence.

I didn’t hear anything back until today, 17/05/2019. I have recieved a letter- a Single Justice Precedue Notice letting me know that I am being charged. (The letter has a posting date of the 16/05/2019).

Due to the huge time in between (over 6 months), is there anything that can be done? I heard there is some kind of 6 month rule?

Thanks in advance!
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post Fri, 17 May 2019 - 20:25
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Redivi
post Fri, 17 May 2019 - 20:46
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The prosecution has to be started within six months

It usually takes about three weeks to be processed and the letter sent to the Defendant

Not at all unusual for the police to prosecute just before the deadline
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Jlc
post Fri, 17 May 2019 - 20:52
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That excess will likely be 6 points. (Guidelines are 4-6 but that’s at the top of the range)

A fine of around 66% weekly earnings, costs of £85 and surcharge of 10% of the fine (min £30).

Assuming a guilty plea.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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drizzy19
post Sat, 18 May 2019 - 16:01
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QUOTE (Redivi @ Fri, 17 May 2019 - 21:46) *
The prosecution has to be started within six months

It usually takes about three weeks to be processed and the letter sent to the Defendant

Not at all unusual for the police to prosecute just before the deadline


Looking at the dates are they not just outside of the 6 months?
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southpaw82
post Sat, 18 May 2019 - 16:11
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What date was it issued?


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Jlc
post Sat, 18 May 2019 - 16:50
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Indeed, look carefully as it can be posted outside the 6 months.

Why they do this I do wonder...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Sat, 18 May 2019 - 17:13
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That's a good point

Is there a different rule for SJPN ?
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southpaw82
post Sat, 18 May 2019 - 17:42
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No.

The High Court has recently grappled with when a written charge is “issued”. The court said:

QUOTE
In my view, the written charge can be regarded as issued only when the document comprising the written charge is completed, with all relevant details and in the form needed for service. Provided that is done within six months of the relevant offence, the written charge will have been issued in time.


So long as the written charge is printed within the six month time limit posting can take place outside of that time.

Brown v DPP

This post has been edited by southpaw82: Sat, 18 May 2019 - 18:04


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drizzy19
post Sat, 18 May 2019 - 23:10
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QUOTE (southpaw82 @ Sat, 18 May 2019 - 17:11) *
What date was it issued?


Dates are in the original post smile.gif
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BaggieBoy
post Sat, 18 May 2019 - 23:36
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That was the posting date, what was the date the SJPN was issued?
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southpaw82
post Sun, 19 May 2019 - 00:30
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QUOTE (drizzy19 @ Sun, 19 May 2019 - 00:10) *
QUOTE (southpaw82 @ Sat, 18 May 2019 - 17:11) *
What date was it issued?


Dates are in the original post smile.gif

The date of issue isn’t, unless you’ve called it something else.


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drizzy19
post Sun, 19 May 2019 - 13:17
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QUOTE (southpaw82 @ Sun, 19 May 2019 - 01:30) *
QUOTE (drizzy19 @ Sun, 19 May 2019 - 00:10) *
QUOTE (southpaw82 @ Sat, 18 May 2019 - 17:11) *
What date was it issued?


Dates are in the original post smile.gif

The date of issue isn’t, unless you’ve called it something else.


There isn’t a date of issue on the SJPN. Just a posting date of 16/05/2019 and the date I recieved it in the post was 17/05/2019.
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NewJudge
post Sun, 19 May 2019 - 15:28
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QUOTE (drizzy19 @ Sun, 19 May 2019 - 14:17) *
There isn’t a date of issue on the SJPN. Just a posting date of 16/05/2019 and the date I recieved it in the post was 17/05/2019.

With an offence date of 15th November I believe you will not succeed with a "time out". The SJPN was almost certainly "issued" on or (more probably) before the 15th May (since it was posted on 16th). In R v Brown the offence date was 19th November, the SJPN was said to have been produced on 21st April but it was not posted until 23rd May. But it was ruled, as southpaw points out, to have met the six month deadline by virtue of its date of production. The transcript of the appeal is here:

https://www.casemine.com/judgement/uk/5ca44...c94e036c178599e
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southpaw82
post Sun, 19 May 2019 - 16:08
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The prosecution would have to prove that it was issued in time. An expensive gamble for a defendant.


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drizzy19
post Sun, 19 May 2019 - 16:22
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Looks like I’m just going to have to take the hit on this one sad.gif
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