I have received a summons last week for Without due care and attention. I was stopped in May and received no paperwork at the time. I remember being told that I would be contacted regarding what would happen next. I have the option to plead by post or at court. I have already requested a copy of the officers notebook as i cannot remember being notified of an intention to prosecute (there was a lot of reluctance in agreeing to provide this to me). The summons is the first thing I have received since the alleged offence.
RTA 1998 states
Requirement of warning etc. of prosecutions for certain offences.
(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—
(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration or
(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
©within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i)in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,
(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
If it is not recorded in the officers notebook that I was warned of an intention to prosecute would this be out of time?
I have seen that regarding a NOIP by post I would need to prove it was not sent in time, but surely the officer would need to prove that he had issued such a warning (e.g. by a notebook entry to record it), as it would be impossible for me to prove he had not said it without having a video record.
Advice appreciated.