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#Post#: 37945--------------------------------------------------
Re: Failure to notify and driving ban appeal
DIR By: NewJudge
Date: September 23, 2024, 9:29 am
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A possible explanation for a seemingly late prosecution is that
the police may have issued a second s172 request (for whatever
reason). If they have, the ruling in the Scottish case, which I
mentioned in post #30, may come into play. It depends very much
why the second s172 request was issued.
Unfortunately the full transcript of that ruling seems to have
disappeared from the Scottish Courts' "Opinions" list. I do know
the case was Procurator Fiscal, Glasgow v. William Gordon
Jackson [2010] HCJAC 96 because I found it mentioned here:
HTML http://www.euanadowadvocate.co.uk/item/procurator-fiscal-glasgow-v-william-gordon-jackson-2010-hcjac-96.html
#Post#: 37968--------------------------------------------------
Re: Failure to notify and driving ban appeal
DIR By: Pinkie Pie
Date: September 23, 2024, 1:56 pm
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--- Quote from: NewJudge link ---
>
> A possible explanation for a seemingly late prosecution is
that the police may have issued a second s172 request (for
whatever reason). If they have, the ruling in the Scottish case,
which I mentioned in post #30, may come into play. It depends
very much why the second s172 request was issued.
>
> Unfortunately the full transcript of that ruling seems to have
disappeared from the Scottish Courts' "Opinions" list. I do know
the case was Procurator Fiscal, Glasgow v. William Gordon
Jackson [2010] HCJAC 96 because I found it mentioned here:
>
>
HTML http://www.euanadowadvocate.co.uk/item/procurator-fiscal-glasgow-v-william-gordon-jackson-2010-hcjac-96.html
>
--- End Quote ---
It is available on BAILII at
HTML https://www.bailii.org/scot/cases/ScotHC/2010/2010HCJAC96.html
HTML https://www.bailii.org/scot/cases/ScotHC/2010/2010HCJAC96.html
#Post#: 38003--------------------------------------------------
Re: Failure to notify and driving ban appeal
DIR By: NewJudge
Date: September 24, 2024, 2:10 am
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It is available on BAILII at
HTML https://www.bailii.org/scot/cases/ScotHC/2010/2010HCJAC96.html
HTML https://www.bailii.org/scot/cases/ScotHC/2010/2010HCJAC96.html
[/quote]
Thanks Pinkie.
#Post#: 38018--------------------------------------------------
Re: Failure to notify and driving ban appeal
DIR By: Just234
Date: September 24, 2024, 5:00 am
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Many thanks that info is much appreciated
#Post#: 44909--------------------------------------------------
Re: Failure to notify and driving ban appeal
DIR By: Just234
Date: November 10, 2024, 10:22 am
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Just an update so far. I submitted my paperwork to the SJP
office and waited for it to be assigned to a court. I spoke to
the court direct and they made an appointment to appear in court
for a statuary declaration.
I requested it expedited due to the ban and they were very
helpful and gave me a date within 2 weeks.
I attended and made the declaration that I was unaware of the
proceedings along with my paperwork showing postal issues and
they have re opened the case.
I have a date set for March next year and any points and
resulting totting up ban has been wiped off my record.
Very grateful for everyone’s help and input
#Post#: 68965--------------------------------------------------
Re: Failure to notify and driving ban appeal
DIR By: Just234
Date: April 28, 2025, 3:34 am
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An update and a lucky result
Attended the court date in March and they dismissed the case
because they had the wrong name in their paperwork.
Didn’t hang around to find out how or where just happy for the
outcome!
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