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Full Version: Technical issue with the date of issue occuring before the offence - Cowgate Edinburgh
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I was recently caught at the same illuminated no entry sign on the cowgate in edinburgh as a few people have posted in the past. I was issued with the conditional fixed penalty below.

I have two points to raise:

1) Was the legality of the sign ever clarified?

2) As you can see below there is a technical issue to be looked at in relation to my ticket. Namely the fact that the ticket was issued before the offence was committed (22.59hrs against 23.01hrs)

Do I have any right to appeal this ticket based on the fact that it was issued before the offence was committed?

Your thoughts are welcome.
A defect in a COFP does not preclude subsequent prosecution, as long as the accused is not disadvantaged DPP v Holden.

You don't appeal a COFP - you either pay it or you don't - in which case they are likely to prosecute for the alleged offence.
QUOTE (mrwallpaper @ Mon, 1 Feb 2010 - 17:13) *
1) Was the legality of the sign ever clarified?

According to sharewatcher, his daughter won on appeal to the High Court of Justiciary (Scottish High Court).

Unfortunately, he has provided scant details of the case; e.g. was the legality of the signs ever tested, or, e.g., was it because the JP decided that she hadn't proved that they weren't authorised (notwithstanding that she had prima facie evidence of non compliance), i.e. a procedural error on the court's part?
Further, it appears to have been disposed of at some sort of preliminary hearing, hence there might not be a judgement. She should still have something from the HCJ, though.
From that second post, it certainly appears that the legality of the signs themselves (in terms of compliance with the TSRGDs), was not an issue, otherwise there would be no need for another accused to go through all the hoops that he was suggesting in that post.
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