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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11450
Experience:  30 years as a practising solicitor.
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Another point I noticed, the notice has my date of birth as

Resolved Question:

another point I noticed, the notice has my date of birth as 9/2/1971, when in fact my DOB is 9/2/1941, does that matter
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

That would tend to make the notice invalid as they haven't identified the right person. However, as the notice isn't strictly necessary, they could sort that if and when they raise a prosecution.

Customer: replied 1 year ago.

I sort of understand that, but I thought the notice was necessary, it says if you don't get the notice within fourteen fourteen days not counting the day of the offence then they can not carry on, if they have served the notice to the wrong person i.e the wrong date of birth, would they not have to send another one, which would be outwith the time period, you view on that

Expert:  JGM replied 1 year ago.

No, the Notice is simply to give intimation of what the charge will be, for example if they serve a notice for a section 3, they couldn't then prosecute a section 2 and if they serve a notice intimating section 2 then they couldn't charge section 1. As that is the purpose of the procedure, it, fair notice, any inaccuracies not relating to the charge can be remedied later when they prosecute.

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