How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Immigration Law
Satisfied Customers: 8539
Experience:  I have been practising for 30 years.
18203470
Type Your Immigration Law Question Here...
F E Smith is online now

Can I be procecuted for a fixed penalty notice after 3 years

Customer Question

Can I be procecuted for a fixed penalty notice after 3 years
Submitted: 3 months ago.
Category: Immigration Law
Expert:  F E Smith replied 3 months ago.

May we have the background please?

Customer: replied 3 months ago.
I was stopped by a policeman on a motor bike for not wearing a seat belt August 13th 2013 which I accept it is very hard to remember exactly what was said but I do Rember him saying not to worry as I will be offered a course and no points will be involved. Nothing has happened till 17th of August till I got an offer of a course for £36 from the AOCPO working with the AA
I have not received any communication from the police. I cannot remember being cautioned at the time or being given a ticket. I obviously would like to pay the £36 if I have to and not to proceed to the £100 fine and points.
Expert:  F E Smith replied 3 months ago.

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?

Please rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES

Customer: replied 3 months ago.
Thank you, ***** ***** take my chance in court. Worth the £13
Expert:  F E Smith replied 3 months ago.
I am glad to help. Best wishes.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm