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Single Justice procedural after sending Licence
RingLord
post Fri, 27 Nov 2020 - 17:03
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I received a NIP around June for doing 69 on a 60 motorway. I responded by declaring I was the driver and was later given a conditional offer of fixed penalty. I sent off my licence with a recorded post in august (also included a return back envelope). My licence was returned back to me with the conditional offer letter which was stamped and signed as "PROCESSED". Two weeks ago I received a court requisition, and the prosecutor statement was that I failed to provide my licence. I contacted the fixed penalty office who admitted to the error and stated that they have contacted the issuing force to withdraw the case. 1 and half weeks down the line when i did not get a response, i contacted them again and they gave me the contact of the traffic prosecution office. I contacted them yesterday and the response I got was that they have requested the court to withdraw the case but this might not happen until after the first hearing which has been fixed. Now this is the problem, the 21 days to make a plea will be due in few days time, I am not sure if I am still going ahead to make a plea or not. Then If I should, would i plead guilty or not guilty. I have contacted the prosecution office again to advise on what to do but I have not gotten a response
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post Fri, 27 Nov 2020 - 17:03
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cp8759
post Fri, 27 Nov 2020 - 17:26
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If you have complied with the terms of the fixed penalty offer, you have a statutory defence (or strictly speaking any prosecution is statute-barred and an abuse of process) so you should plead not guilty.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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RingLord
post Sat, 28 Nov 2020 - 05:52
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Thank you so much for your reply, I will plea not guilty and attach all the evidences including the communications
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