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lotusman
Hello folks - I've no real idea about the Scots system but wondered if you could possibly shed some light for me.

A friend (yes, really, it wasn't me!) has just received a reminder for an offence allegedly commited on the 8th March. The reminder states the original notification was the 14th March and is itself dated the 11th April. She insist that no correspondance has been received before this reminder.

How does this work? Do the police have to retain proof of the original posting, should they have sent the original s172 request with this reminder? Also, they have the make and reg correct of the car but not the model, it's way out. Any sustenance in this? The offence is 41 in a 30 and she has 9 points (and this one is the fastest, she just doesn't see cameras!!!).
firefly
QUOTE (lotusman)
Hello folks - I've no real idea about the Scots system but wondered if you could possibly shed some light for me.

A friend (yes, really, it wasn't me!) has just received a reminder for an offence allegedly commited on the 8th March. The reminder states the original notification was the 14th March and is itself dated the 11th April. She insist that no correspondance has been received before this reminder.  <...>

The position in Scotland is the same as in England.  If no initial NIP was received by the intended recipient, and they stand up in court and state as much, then unless the court chose to dis-believe the testimony, a conviction cannot be secured by the prosecution.

I suggest you read Observer's post which details a draft letter.
jeffreyarcher
QUOTE (lotusman)
I've no real idea about the Scots system

Join the club.
In general (with a a few exceptions; corroboration etc.), it appears that the burden on the prosecution is a lot less. The courts can 'infer' almost anything. Why they can't just 'infer' guilt escapes me, although some District Courts appear to do just that.

QUOTE (lotusman)
A friend (yes, really, it wasn't me!) has just received a reminder for an offence <...>.

Dumfries & Galloway or Lothian & Borders?

QUOTE (lotusman)
Do the police have to retain proof of the original posting,

If it gets to court, they will have to show posting.

QUOTE (lotusman)
should they have sent the original s172 request with this reminder?

Not neccessarily, does this reminder comply on its own?

QUOTE (lotusman)
Also, they have the make and reg correct of the car but not the model, it's way out. Any sustenance in this?

No.
QUOTE (lotusman)
The offence is 41 in a 30 and she has 9 points (and this one is the fastest, she just doesn't see cameras!!!).

Since a ban's coming anyway, there may be no reason not to take on a 'risky' defence.
scottish
lotusman
I won my case for an NIP 83 - 70 ..  from central scotland police camer van.. and I have to admit I got very little help with the Scottish law system regardless of were I looked on the internet...

I went with the attitude that they had to prove I was driving not my prove my guilt..... I sent 2 well scripted letters which stated everything I could find to help me.

is your friend the owner and keeper as well as the only insured driver.
How did the captur you .. static or mobile unit..
have you got or seen the photo evidence.... IF not when you contatc the police always request the footage as this will be the biggest defence you will have.
I had a reflective heat windscreen and the camera quality was very poor also the pictures were full of flaws...

good luck.
matt1133
North of the border you have a 'not proven' verdict as well as the usual not guilty/guilty, so there is the added possibility that the case will go in your favour

cheers,
matt
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