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stewpots
post Sat, 19 Aug 2017 - 12:04
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I have just got a NIP from a 'mobile unit'

It states if you wish to contest it evidence etc will be produced in magistrates court

Don't i have the right to see the evidence before the magistrates

I dont deny i was driving in the area but i refuse to believe i was doing 86mph in rush hour traffic on A34 its not physically possible
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post Sat, 19 Aug 2017 - 12:04
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Jlc
post Wed, 14 Feb 2018 - 13:15
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The link I gave earlier had some particular focus on this exact issue.


--------------------
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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cp8759
post Wed, 14 Feb 2018 - 13:35
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QUOTE (stewpots @ Wed, 14 Feb 2018 - 12:37) *
This is a legal minefield so paid for advice but getting mixed messages but suggestion plead guilty but ask for it to get struck out seems odd ??

-----------------
That is not out of time.
The deadline is to lay in information before the courts. I suppose that is possible that they did it on the 11th which would be out of time but more likely they did it a few weeks earlier which would be in time.

The single justice procedure notice does not have to be with you within six months. If it were so, that would require the civil service administration of the court system to be a public body as well as the police and that is just not the case.

In any event, it is not grounds to plead not guilty. It is grounds to go to court and try to strike down the prosecution on the basis of abuse.
---------------------------


Can I clarify anything for you?

The advice you have been given is by and large accurate. The documents do not need to be in your hands within 6 months, proceedings need to be "issued" within the six months deadline. So if the paperwork was printed a week before the six month deadline, but you got it in the post a week after the deadline, proceedings are still in time. The civil service administration of the court system is a public body, but that's totally irrelevant and I'm not sure why it was mentioned.

It is correct to say that the point you raise is not in itself grounds to plead not guilty, but if you plead guilty you won't have a chance to have the prosecution struck down as the court will simply go on to sentence you there and then. You lawyer court try and ask the court to delay taking a plea until the issue of abuse has been determined, but I know from experience this will almost certainly be refused and you will be required to enter a plea.

In practice therefore you'll have to plead not guilty, and your lawyer can then raise the issue of abuse of process. My gut feeling is this will be refused, and you'll probably need to make an appeal by way of case stated to the High Court to get an authoritative decision. If you elect to go down this route, you can ask the magistrates court to stay the proceedings until the High Court makes a decision one way or the other.
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stewpots
post Wed, 14 Feb 2018 - 14:00
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QUOTE (cp8759 @ Wed, 14 Feb 2018 - 13:35) *
The advice you have been given is by and large accurate. The documents do not need to be in your hands within 6 months, proceedings need to be "issued" within the six months deadline. So if the paperwork was printed a week before the six month deadline, but you got it in the post a week after the deadline, proceedings are still in time. The civil service administration of the court system is a public body, but that's totally irrelevant and I'm not sure why it was mentioned.

It is correct to say that the point you raise is not in itself grounds to plead not guilty, but if you plead guilty you won't have a chance to have the prosecution struck down as the court will simply go on to sentence you there and then. You lawyer court try and ask the court to delay taking a plea until the issue of abuse has been determined, but I know from experience this will almost certainly be refused and you will be required to enter a plea.

In practice therefore you'll have to plead not guilty, and your lawyer can then raise the issue of abuse of process. My gut feeling is this will be refused, and you'll probably need to make an appeal by way of case stated to the High Court to get an authoritative decision. If you elect to go down this route, you can ask the magistrates court to stay the proceedings until the High Court makes a decision one way or the other.



Just spoke to a lawyer
There taking a test case to the high court. The only difference was the Single Justice Procedure Notice was served two months after the charge
He is 50/50 wether I have case until its properly tested in a higher court but his hearing is not till April
As I didn’t receive the Offer, he suggested put that in mitigation mention the rest and hope you get a fixed penalty as per originally fine, as there appears to be some grey areas re due process was followed
He said you could win if you went to court but he couldn’t guarantee that and it would probably be via a further appeal
I’ve been to court and had £900 costs I lost. Another I won and costs waived that was referred to a higher court

It is tempting to have my day in court mellow.gif
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cp8759
post Wed, 14 Feb 2018 - 14:52
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QUOTE (stewpots @ Wed, 14 Feb 2018 - 14:00) *
Just spoke to a lawyer
There taking a test case to the high court. The only difference was the Single Justice Procedure Notice was served two months after the charge
He is 50/50 wether I have case until its properly tested in a higher court but his hearing is not till April
As I didn’t receive the Offer, he suggested put that in mitigation mention the rest and hope you get a fixed penalty as per originally fine, as there appears to be some grey areas re due process was followed
He said you could win if you went to court but he couldn’t guarantee that and it would probably be via a further appeal
I’ve been to court and had £900 costs I lost. Another I won and costs waived that was referred to a higher court

It is tempting to have my day in court mellow.gif

He's certainly right about one thing, the case would almost certainly end up in a higher court. If a non-court outcome such as a course or fixed penalty were in play then I'd strongly recommend you take that; however as those options are off the table, and if the costs are not an issue for you, you might as well see if he can take on your case.
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stewpots
post Wed, 14 Feb 2018 - 16:29
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QUOTE (cp8759 @ Wed, 14 Feb 2018 - 14:52) *
He's certainly right about one thing, the case would almost certainly end up in a higher court. If a non-court outcome such as a course or fixed penalty were in play then I'd strongly recommend you take that; however as those options are off the table, and if the costs are not an issue for you, you might as well see if he can take on your case.


I think this is a area that hasn't been fully tested

Ill up date the forum when I get more clarity , ie I have asked for a barrister to review my papers

Barrister comments (before review)

If that is what was said then that advice is incorrect. The date of issue of both the written charge and SJPN is vital. That’s actually made very clear in the legislation and the JCS advice sent to all courts. The service date is less important.

This post has been edited by stewpots: Wed, 14 Feb 2018 - 16:29
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