Legal help please
01 February 2009, 08:23 PM
#1
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Legal help please
Right the day i went to view a Scooby in Birmingham back in October on the way home i got caught on the phone when driving. ( Stupid me)
It was by 1 cop who pulled me over gave me a telling off. I didnt deny it lol as i got caught........
He cautioned me an said he couldnt charge me there an then as i was caught in England and i live in Scotland. He said it would need to go to court.
I thought nothing of it an the other day a letter came through the door asking me to appear in court in Cumbria.....
DOes there need to be 2 cops there for me to be done or what.
OR do i just ignore this as it didnt come registered post. This all happened in my old car.
Just curious to if there was a way out of it i would take it if not its 3 points lol
Cheers
It was by 1 cop who pulled me over gave me a telling off. I didnt deny it lol as i got caught........
He cautioned me an said he couldnt charge me there an then as i was caught in England and i live in Scotland. He said it would need to go to court.
I thought nothing of it an the other day a letter came through the door asking me to appear in court in Cumbria.....
DOes there need to be 2 cops there for me to be done or what.
OR do i just ignore this as it didnt come registered post. This all happened in my old car.
Just curious to if there was a way out of it i would take it if not its 3 points lol
Cheers
Last edited by Connor_scotland; 01 February 2009 at 08:24 PM.
01 February 2009, 08:30 PM
#2
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Ok, to answer your queries:
1, There doesn't need to be two officers. One will suffice and if you've made admissions at the scene, they will be in his/her statement and you'll be hard pushed to get a bench to accept you didn't make the admissions.
2, It doesn't matter that the notice wasn't sent by registered post. The act is clear and post by normal post is sufficient to prove service.
If I were you, I'd write in, plead guilty by post and ask to be dealt with as if it were endorseable fixed penalty - 3 points and £60 fine. Be prepared though that you'll probably also get £35 costs and £15 victim surcharge. Don't be tempted to ignore it - they'll simply prove it in your absence and you'll get a much higher fine.
Hope that helps.
1, There doesn't need to be two officers. One will suffice and if you've made admissions at the scene, they will be in his/her statement and you'll be hard pushed to get a bench to accept you didn't make the admissions.
2, It doesn't matter that the notice wasn't sent by registered post. The act is clear and post by normal post is sufficient to prove service.
If I were you, I'd write in, plead guilty by post and ask to be dealt with as if it were endorseable fixed penalty - 3 points and £60 fine. Be prepared though that you'll probably also get £35 costs and £15 victim surcharge. Don't be tempted to ignore it - they'll simply prove it in your absence and you'll get a much higher fine.
Hope that helps.
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