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jonpar52
Hi All

I received a COFP from the Procurator Fiscal stating...

" I will not prosecute you if, within 28 days from the date of this letter, you:-
(1) pay the fixed penalty of £60 to the Scottish Court Service, AND
(2) deliver your driving license..etc..etc"

However, and I think it is a big however, there is no date on the Procurator's letter. (They have also spelled LICENCE incorrectly, funnily enough)

Any advice on where I now stand and where I should go from here would be much appreciated.

Many thanks.
The Rookie
If you don't 'accept' the CoFP, any errors on it will not be a defence in court, you know when you recieved it, as such you know it cannot be dated any later than that, on that basis work on it being dated the day of receipt.
Gan
As it's 28 days from the date of letter and the Interpretation Act assumes that it took two days to arrive, I'd knock a couple of days off
jimster
Is this a combined s172 / COFP, or have you already named yourself as the driver?
jonpar52
Hi Jimster

I have already named myself as the driver. I was speeding and have admitted it, but wondered if the undated letter had left me an "escape route".

Thanks
andy_foster
QUOTE (The Rookie @ Wed, 2 May 2012 - 12:16) *
If you don't 'accept' the CoFP, any errors on it will not be a defence in court, you know when you recieved it, as such you know it cannot be dated any later than that, on that basis work on it being dated the day of receipt.


In DPP v Holden the Administrative Court decided that although Mr Holden's COFP was defective insofar as it did not state that proceedings could not be instigated for 28 days, as Mr Holden did not seek to avail himself of the fixed penalty at any time, whether within the unstated 28 days or otherwise, the defect in the COFP did not disadvantage him, and the statute did not preclude subsequent prosecution.

It might be interesting to attempt to accept the COFP within 28 days of receipt of the letter, but outwith 28 days of the likely date of issue - although they might simply process the COFP anyway.
unluckychap
If you have already identified yourself as the driver and you signed the form you sent them then they have the evidence they need to prosecute you. If you ignore the COFP I doubt that the borderline educationally sub-normal chimps in the PF office would simply forget about it and you would probably end up with a citation to a district court. Easy life = pay up and move on, Complex life = do what andy_foster suggests in his final sentence. Your choice, but I would not leave it too long to accept the COFP if that is what you choose to do.
glasgow_bhoy
Why is the PF offering you a COFP? Generally that only happens when the offence should be in court but they offer you the COFP. Otherwise, it would be the force who issued the NIP who would offer the COFP.

Therefore, your offence sounds likely to be a borderline FPN/Court case, and I wouldn't be risking going to court when you can escape with just 3 pts, £60.

Have you got a timeline of events?
jonpar52
Hi Glasgow_bhoy

I was caught doing 80 on the motorway in February by the Safety Camera Partnership (a really good money making racket if you can get in to it!) and in March I got a letter from them offering me the fixed penalty/three points but I completely overlooked their letter and forgot all about it. It was then that I got this undated letter from the Crown Office & Procurator Fiscal Service offering me the same fixed penalty etc if I replied within 28 days. As the letter was undated, and the envelope it came in long gone, then can I technically wait forever to pay this as there is actually no time limit per the wording of their letter?

Many thanks
mrh3369
If you don't pay it then it the offer can be withdrawn after 28 days and the next step is court where it will end up costing you more.
glasgow_bhoy
QUOTE (jonpar52 @ Fri, 4 May 2012 - 09:25) *
Hi Glasgow_bhoy

I was caught doing 80 on the motorway in February by the Safety Camera Partnership (a really good money making racket if you can get in to it!) and in March I got a letter from them offering me the fixed penalty/three points but I completely overlooked their letter and forgot all about it. It was then that I got this undated letter from the Crown Office & Procurator Fiscal Service offering me the same fixed penalty etc if I replied within 28 days. As the letter was undated, and the envelope it came in long gone, then can I technically wait forever to pay this as there is actually no time limit per the wording of their letter?

Many thanks

Don't be daft. Pay the £60 and 3 points now, and be thankful they have offered you that again.

I appreciate the talivans are a pain the the arse on every motorway bar M77 and M8, but you just need to know where to break (to be fair the M80, M9 and M74 ones do have camera warning signs in advance) wink.gif

They could have taken you to court and fined you a few hundred more for not accepting the fixed penalty the first time round. The fact the PF has re-offered this is a get out of jail less financially raped card.
Kickaha
QUOTE
get out of jail less financially raped card.


Just had a coffe meets screen moment reading that! laugh.gif
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