May we have the background please?
The police must serve a notice of intended prosecution within 14 days of the alleged offence. If you are stopped at the time, it is likely to have been given verbally, it doesn’t have to be in writing..
The police then have six months to “lay the information” in front of the magistrates with a view to prosecution. If they do that but then decide to take it to court a couple of years later, would get thrown out for abuse of process.
Whether you pay the £36 or not would really come down to whether you want to risk going to court. If you went to court on this, you should get it thrown out but there is always a risk. It will also mean a full day in court because you never know when you going to get called and that time may be more valuable to you.
Can I clarify anything for you?
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