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Totting-up Ban - time limit on prosecution?

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Hi folks - here's my question.

 

In October 2018, I received a NIP for doing 59 in a 50 zone, and this went forward with a Fixed Penalty. However, the points for this would put me on 12 (I probably should have known, but it didn't actually occur to me to check). The HMCTS, in early January, returned my driving license and refunded my £100 fine, informing me that GMP would be in touch "forthwith" in order to proceed to court for the totting-up ban. I have yet to hear anything from GMP.

 

My question: Is there a time limit between the offence and the court date, or between the HMCTS decision and the court date? In other words, do GMP have a time limit to prosecute me, or could this essentially be whenever they choose? I am accepting of the impending 6-month ban for my stupidity, and just want to "get it over with", however, if there is a time-limit and they run-down the clock, might I get away without a ban?

 

Any advice appreciated.

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Could you confirm what GMP stands for please?

 

HB


Illegitimi non carborundum

 

 

 

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Prob greater manchester police and it think the time limit might be 6 months. There might not even be one as it was dealt with them escalated to the courts.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Apologies - Greater Manchester Police...

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There is a time limit of six months from the date of the offence to begin court proceedings. Most areas take almost all of this so you can look forward to a "Single Justice Procedure Notice" soon after April 18th. When you respond to that the Single Justice (SJ) will decline jurisdiction and the matter will be listed for a normal court hearing. Although SJs do have the power to disqualify a defendant in his absence they do not normally do so. This is to give him the opportunity to attend court (you cannot attend a hearing before an SJ) and - in the case of "totting up" bans - present an "Exceptional Hardship" argument. Will you or others suffer any exceptional hardship if you are banned?

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There is a time limit of six months from the date of the offence to begin court proceedings. Most areas take almost all of this so you can look forward to a "Single Justice Procedure Notice" soon after April 18th. When you respond to that the Single Justice (SJ) will decline jurisdiction and the matter will be listed for a normal court hearing. Although SJs do have the power to disqualify a defendant in his absence they do not normally do so. This is to give him the opportunity to attend court (you cannot attend a hearing before an SJ) and - in the case of "totting up" bans - present an "Exceptional Hardship" argument. Will you or others suffer any exceptional hardship if you are banned?

 

No, I've already taken advice on that - the company I work for provide the company car, but its a benefit car and not a business need, and when travelling they always assume train/bus/plane and hotel, so I've no argument there. I'm okay with the ban, been accepting of it - just want to get on with it. Sounds like my ban will run sometime in April / Early May to mid Oct / early Nov... Thanks for info, at least I know whats going to happen....

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