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Double Jeopardy?

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Raffles
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Joined: 14 Apr 2009
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PostPosted: 14:09 - 24 Oct 2012    Post subject: Double Jeopardy? Reply with quote

One here for the legal beagles.
On 14/09/12, I received a notification from my local authority alleging that one of my company's vehicles had contravened Section 47 (1) of the Road Traffic Regulation Act 1984. It stated that in accordance with Section 112 (2) (a) of this Act, I was required to provide them with information regarding the driver or keeper of the vehicle. The notification was dated 06/09/12 and stated that it must be returned within 7 days of the date of the notification. I returned it on 18/09/12 and obtained proof of postage.
On 24/09/12, I received a second notification demanding information with regard to the same alleged incident. This one was dated 20/09/12 and once again stated that it must be returned within 7 days of this date. This notification was returned 25/09/12. Proof of posting was not obtained on this occasion.
I have since received 2 seperate summonses to appear at The Magistrates Court on 2 different dates. They have charged me with 2 seperate counts of failing to provide information contrary to Section 112 (4) of the Road Traffic Regulation Act.
Am I right in thinking that the authorities are acting unreasonably or maybe even unlawfully by putting me in jeopardy twice for circumstances that arose from one single alleged incident?
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 14:19 - 24 Oct 2012    Post subject: Reply with quote

I think see Interpretations Act as a start (search on here).
Plus Section 112 (4) (link click here)
Quote:
Except as provided by subsection (5) below, a person who fails to comply with the requirements of subsection (2)(a) above shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, who was the driver of the vehicle or, as the case may be, the rider of the bicycle or tricycle; and a person who fails to comply with the requirements of subsection (2)(b) above shall be guilty of an offence.

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Raffles
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PostPosted: 14:39 - 24 Oct 2012    Post subject: Reply with quote

map wrote:
I think see Interpretations Act as a start (search on here).

I've already got the ''Sickpup'' defence lined up in my armoury Thumbs Up
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Mr.Everready
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PostPosted: 15:21 - 24 Oct 2012    Post subject: Reply with quote

Maybe if your staff wern't so lazy they wouldn't need to park up in a restricted area and park in the designated area instead ?!
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 17:11 - 24 Oct 2012    Post subject: Re: Double Jeopardy? Reply with quote

Raffles wrote:
I returned it on 18/09/12 and obtained proof of postage.

If you'd just posted an empty envelope, you'd be in the same situation. Thinking

Have you sent (scan, email?) the LA goons a copy of your proof of postage, and an estimate of the costs that you'll be having from them if they're daft enough to show up at court?
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Raffles
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PostPosted: 20:25 - 24 Oct 2012    Post subject: Re: Double Jeopardy? Reply with quote

Rogerborg wrote:
Have you sent (scan, email?) the LA goons a copy of your proof of postage, and an estimate of the costs that you'll be having from them if they're daft enough to show up at court?

Am I under any obligation to inform the Local Authority that they would be unwise to continue pursuing me and would the court take a dim view if I failed to do so?
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 20:53 - 24 Oct 2012    Post subject: Re: Double Jeopardy? Reply with quote

Raffles wrote:
Rogerborg wrote:
Have you sent (scan, email?) the LA goons a copy of your proof of postage, and an estimate of the costs that you'll be having from them if they're daft enough to show up at court?
Am I under any obligation to inform the Local Authority that they would be unwise to continue pursuing me and would the court take a dim view if I failed to do so?

Well IMO if you turn up in court and can say "I sent them the information and proof I sent them, as you can see here" plus adding "it appears they must have lost this" can't do you any harm can it?
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