FAO Bev (or anyone else who would care to comment)....

Dear Sir/Madam,

I am writing with reference to the Notice of Intended Prosecution that I received from you dated 20/12/2005, concerning an alleged offence on 30/10/2005.

I cannot agree to accept the Conditional Offer as I believe that section 1(c) of the Road Traffic Offenders Act 1998 has not been complied with:

(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted 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
(c) 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 [1988 c. 52.] Road 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.
(2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post, or recorded delivery service addressed to him at his last known address, not withstanding that the notice was returned as undelivered or was for any other reason not received by him.

(3) The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.

(4) Schedule 1 to this Act shows the offences to which this section applies.

I am unable to complete the Statement of Response fully, as there is not a relevant statement that could apply to my situation.

Additionally, due to the alleged offence having taken place some months ago, I am unable to recall the driver of the vehicle at that time. I would therefore request seeing photographic and/or videographic evidence so that I may ascertain who may have been driving the said vehicle on the date in question.

I shall look forward to hearing from you forthwith (regarding your non-compliance of section 1(c) of the Road Traffic Offenders Act 1998 and my request to ascertain the correct driver of the vehicle), so that I may have adequate time to find the appropriate legal representation should it be needed.

Yours sincerely,

Squiz xxx

Is this ok do you think?? Ta muchly.. will not bother anyone on the subject again (unless I am imprisoned & require wrath protests for my release).. :o)

Posted By: Squirrel, Jan 6, 12:15:19