Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: vauxsull on 16 January 2015, 08:27:59
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For the fine and the request to send licence off to DVLA since being stopped by police officer last August... How long should I expect to wait ? Is there a deadline before nul and void? I was given a ticket at the roadside so it wasn't just a finger waggle.
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For the fine and the request to send licence off to DVLA since being stopped by police officer last August... How long should I expect to wait ? Is there a deadline before nul and void? I was given a ticket at the roadside so it wasn't just a finger waggle.
How fast were you aledgedly going, and what was the speed limit?
If it's within the range for a COFP, then the time limit is effectively 6 months minus 28 days for you to receive the COFP paperwork. If you're outside the COFP range and you're straight up before the beak, then 6 Months for the papers to be laid before the courts. It can then take a week or two for the court to send a summons to you, so you aren't 'safe' for almost 7 months.
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I was doing 42 in a 30 zone... And itll be 6 months on Feb 18th...
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He did say it would be £100 fine and three points but assumed as it was dealt with there and then I would have heard within a few weeks?
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He did say it would be £100 fine and three points but assumed as it was dealt with there and then I would have heard within a few weeks?
I would have expected to receive a COFP - Conditional Offer of A Fixed Penalty - for that. There is no legal time limit for these. Basically it says "plead guilty now and accept the 3 pts and £100 fine and that'll be the end of it". However, before one of these can be issued, they have to check that you aren't already on 9 points, plus a few other things. So the rozzer takes down all the details, gets back to the station and then passes the paperwork onto a decision maker. If you are issued a COFP, then you normally have 28 days to respond to it, either accepting, declining or ignoring their most gracious offer.
Should you wish to ignore , decline or dispute their most gracious offer, then after the 28 days have expired they will (should!) assemble the 'information' and file the charges before the magistrates court. That may take a few days to sort out, depending how busy the busies are. This DOES have a time limit - the information must be laid before the courts no later than 6 months after the date of the offence. Once that happens, the courts will eventually (a few weeks later) send you a summons to appear before the magistrates and explain why you are messing them about by pleading not guilty. They then find you guilty regardless, put on the black cap and sentence you to death.
So - getting a COFP within 28 days of the 6 month limit is effectively a get out of jail free card. If you do not reply to it, once the 28 days have elapsed it's too late for charges to be filed with the court. However, there is no requirement for them to issue a COFP, so they could go straight to summons in which case you won't be 'safe' till Feb 18th, and you won't know you are safe until early March.
IMHO, if you get a COFP now you are home and safe. However, you've got to sweat on a summons landing on the doormat for another 6 weeks or so. Whatever you do, don't rattle the cage - you don't want them looking down the back of the filing cabinate, or hunting through piles of paperwork to find your file and working out what has happened. Stum!
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All of my details where confirmed there and then ( I could hear the radio operator confirming my address,car detail like mot and insurance and clean licence ect).. So no chasing up details and having to explain anything to him... I had elderly people in car so he knew I wasn't out for a joy ride ( having mother in law in car is anything but joyful 😃.
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All of my details where confirmed there and then ( I could hear the radio operator confirming my address,car detail like mot and insurance and clean licence ect).. So no chasing up details and having to explain anything to him... I had elderly people in car so he knew I wasn't out for a joy ride ( having mother in law in car is anything but joyful 😃.
Well, perhaps you got an old style "put the wind up him" copper who read you the riot act as a warning and then decided later that it would be enough. Or perhaps the jam spilt out of his donut at the coffee shop all over the documentation and he couldn't proceed.
Whatever, you'll know within the next 6 weeks.
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Fingers crossed then... Thank you for your advice :y
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Not wishing to be the bearer of bad news but my work colleague got stopped in July for speeding on the motorway. He got pulled over and dealt with at the side of the road.
Just after Christmas he was convinced that they had let it go. He has just received the hearing date this very week.
He was stopped for doing 96mph on the motorway.
Soooo, he was stopped in July 2014 and receives his mitigation letter in January 2015. He's been told to expect six points and a fine but does not have to attend court.
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Maybe 96 on a 70 mph road is viewed differently than a 42 in a 30 mph road... I wasn't in a built up area it was a long country road in a wooded area... Not suggesting this should get me off with a slapped wrist but I would have assumed more leniency towards me perhaps?
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Maybe 96 on a 70 mph road is viewed differently than a 42 in a 30 mph road... I wasn't in a built up area it was a long country road in a wooded area... Not suggesting this should get me off with a slapped wrist but I would have assumed more leniency towards me perhaps?
Not so sure about that ... you were doing 40% more than the limit whereas YZ250's work colleague was 'only' doing 37% more than the limit ::) ::)
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Smart arse :D
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Maybe dyffed powis police in mid wales are lovely people and let me off :D
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Maybe dyffed powis police in mid wales are lovely people and let me off :D
We'll keep our fingers crossed for you :y :y :y
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I'll be more annoyed by the points than the £100 fine..
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Maybe dyffed powis police in mid wales are lovely people and let me off :D
North Wales police on the other hand are known to be a bunch of c-nuts due to their (ex?) ober-fuhrer.
There's a handy "look at what you could win" calculator here (though I'm not sure how up to date it is): http://www.pepipoo.com/Magistrates_guidelines.htm
96 on a motorway is the first point where a COFP cannot be issued, and is the first speed where public flogging, hang drawn and quatering, or if they're in a really grumpy mood firing squad at dawn are considered by their Beak-ships. In addition to any fine there will be court costs and victim subsidees so he'll be lucky to get away with it costing less than £500
42 in a 30 with no other complications should result in a COFP in 99.9% of cases. The fact you haven't got one is positive, and I'd be wondering if the copper though that "transporting the M-I-L" might be considered "cruel and un-human punishment" contrary to Article 4 of the Human Rights charter and therefore double jeapurdy rules may prevent further punishment.
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.... and I'd be wondering if the copper though that "transporting the M-I-L" might be considered "cruel and un-human punishment" contrary to Article 4 of the Human Rights charter and therefore double jeopardy rules may prevent further punishment.
;D ;D ;D ;D
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Hahaha this made me spit my coffee out
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Basically. Don't poke the bears. 10/4
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If I read the original post, ye olde number one, correctly...
For the fine and the request to send licence off to DVLA since being stopped by police officer last August... How long should I expect to wait ? Is there a deadline before nul and void? I was given a ticket at the roadside so it wasn't just a finger waggle.
...he was given a ticket at the roadside, thus requiring payment etc at allotted place (up here, its at local Sherrif Clerk/Council Office) within 28 days.
Presuming OP didn't pay.
If that's the case then a full fat CPS/PF copy complaint should thereafter be issued which, if paid within time constraints, give same penalty as original ticket.
If not responded then will be escalated to Court appearance and warrant within time constraints.
That all said, given nothing has been forthcoming since original stop and ticket issue then, assuming all correct details supplied to police at the time, then edumacated guess, from experience, is that police copy of tickets not lodged for process and OP should buy a lottery ticket soonest.
And I claim my 25% commission of any winnings if correct..... :)
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On the reverse of the ticket I was given stated that I don't need to do anything at all but wait for them to contact me.
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On the reverse of the ticket I was given stated that I don't need to do anything at all but wait for them to contact me.
In that case timescale will probably be 6 months from date of offence.
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Well spank :D :D my ass and call me Susan.... Wife texts me and says there's a letter from powys police and " shall I open it ?" Yes I said effing and jeffing to myself thinking ive jinxed this as I only started the topic on here yesterday.... She texts me to say.... Due to careful consideration no further action will be taken... I'm as happy as happy thing that sat on something exciting and became happy
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Well spank :D :D my ass and call me Susan.... Wife texts me and says there's a letter from powys police and " shall I open it ?" Yes I said effing and jeffing to myself thinking ive jinxed this as I only started the topic on here yesterday.... She texts me to say.... Due to careful consideration no further action will be taken... I'm as happy as happy thing that sat on something exciting and became happy
Aren't our policemen wonderful ;D
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Well spank :D :D my ass and call me Susan.... Wife texts me and says there's a letter from powys police and " shall I open it ?" Yes I said effing and jeffing to myself thinking ive jinxed this as I only started the topic on here yesterday.... She texts me to say.... Due to careful consideration no further action will be taken... I'm as happy as happy thing that sat on something exciting and became happy
Well there you go Susan... let that be a lesson for you ::)
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The lesson is take the in laws with me wherever I go :y
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The lesson is take the in laws with me wherever I go :y
I'll take the points and fine, thanks. :-X
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I think the fact you swallowed like a good boy probably helped ;D ;D
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I think the fact you swallowed like a good boy probably helped ;D ;D
Bit early for that sort of talk... ;D
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Can't stop grinning 😁
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Lucky Susan! ;D
Now go and buy that lotto ticket. See if the luck continues.... :y
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If I win a million I'll get my miggy resprayed and get some decent tyres 😊
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If I win a million I'll get my miggy resprayed and get some decent tyres 😊
Did you mention Tyres !! I am sure there's a thread or two about them on her somewhere. ;D ;D