Road Traffic Law In Scotland

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Style Letters To Defend Yourself

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Style Letters To Use To Defend Yourself

Style Road Traffic Letters from the www.roadtrafficlaw.com website

These letters are provided to give you some guidance about how to correspond with the authorities regarding your case. You may wish to use these styles of letters where you intend conducting your own defence or in the early stages of your case, prior to receiving legal advice.

They do NOT include legal advice and we would respectfully suggest that it would be wise to seek out independent legal advice from a solicitor

Letter 1

The Parking Authority Anywhere Anytown Postcode

Date

Dear Sirs,

Penalty Charge Notice(No.12345678)

Please note that I was issued with a penalty notice for parking without a valid ticket in the pay and display area at (details of where and when).

I enclose a photocopy of the ticket that I had purchased and displayed in the vehicle at the time.

In view of the above I shall be obliged if you cancel any penalty charge notice relating hereto.

In the meantime please note that I have retained the original pay and display parking ticket to lodge as evidence should you refuse to cancel the penalty charge.

I look forward to hearing from you and I thank you for your consideration of this matter

Yours faithfully

Enc: Photocopy of the relevant Pay and Display Ticket

Letter 2

The Parking Authority Anywhere Anytown Postcode

Date

Dear Sirs,

Penalty Charge Notice(No.12345678)

Please note that I was issued with a penalty notice for parking on a double yellow line situated at (details of where and when).

On the day in question the yellow lines were impossible to see due to (whatever the reason was, wear, leaves, snow etc) Since there was no parking notice in the immediate vicinity I was unaware of the parking restriction. I have enclosed a photograph of conditions and the location of the incident.

In view of the above I shall be obliged if you cancel any penalty charge notice relating hereto.

In the meantime please note that I have retained the original photograph to lodge as evidence should you refuse to cancel the penalty charge.

I look forward to hearing from you and I thank you for your consideration of this matter

Yours faithfully

Enc: Photograph of Locus at time of alleged contravention

Letter 3

The Procurator Fiscal’s Office Anywhere Anytown

Dear Sirs,

Possible Speeding Charge-Pending

Please note that on the (date) and (place) I was reported by a police officer for exceeding the speed limit. Unfortunately I do not have a police reference number as this was not provided to me at the time of offence.

I believe the officers concerned were traffic policemen stationed at (name of police station)

I understand that a VASCAR device and video evidence may be used against me in evidence.

I intend to plead not guilty to the charge and therefore wish to properly prepare my defence. To this end I will require copies of all documentary evidence you intend to rely upon in court and copies of any video tape that was obtained.(Whether you intend to use this or not)

I will require this information as soon as reasonably practical but certainly several weeks prior to trial to enable me to obtain expert evidence and further advice where appropriate.

I look forward to hearing from you and I thank you for your consideration of this matter

Yours faithfully

Letter 4

The Procurator Fiscal’s Office Anywhere Anytown

Postcode

Dear Sirs,

Possible Speeding Charge-Pending

Please note that on the (date) and (place) I was reported by a police officer for exceeding the speed limit. Unfortunately I do not have a police reference number as this was not provided to me at the time of offence.

I believe the officers concerned were traffic policemen stationed at (name of police station)

I understand that a VASCAR device and video evidence may be used against me in evidence.

I intend to plead not guilty to the charge and therefore wish to properly prepare my defence. To this end I will require copies of all documentary evidence you intend to rely upon in court and copies of any video tape that was obtained.(Whether you intend to use this or not)

I will require this information as soon as reasonably practical but certainly several weeks prior to trial to enable me to obtain expert evidence and further advice where appropriate.

I look forward to hearing from you and I thank you for your consideration of this matter

Yours faithfully

Letter 5

The Procurator Fiscal’s Office Anywhere Anytown Postcode

Dear Sirs,

Possible Speeding Charge-Pending

Please note that I have received a Notice Of Intended Prosecution from your office regarding an alleged incident involving a vehicle bearing the registration (whatever the regn is)on the (date) and (place)

I write to intimate that I do not accept that I was driving the aforesaid vehicle at the stated time and place.

I shall be obliged if you will provide me with copies of ALL photographs obtained by your recording device to enable me to make further enquiries and take further advice on this matter. Please also provide me with details regarding the exact time that any such photographs were taken as this may be of essence to my defence.

I intend to plead not guilty to the charge and therefore wish to properly prepare my defence. To this end I will require copies of all documentary evidence you intend to rely upon in court and copies of any video tape or photographs that have been obtained. (Whether you intend to use this or not)

I will require this information as soon as reasonably practical but certainly several weeks prior to trial to enable me to obtain expert evidence and further advice where appropriate.

I look forward to hearing from you and I thank you for your consideration of this matter

Yours faithfully

Letter 6

The Procurator Fiscal’s Office Anywhere Anytown Postcode

Dear Sirs,

Possible Speeding Charge-Pending

Despite having done everything possible to help identify the driver at the time of the alleged offence, the provided photograph is unclear and identification has so far been impossible.

In order to ensure this matter is resolved as quickly as possible, here are the details of individuals that could have used the vehicle on or around the time of the offence:

1) Mr Abc Def
Address 1, Address 2, Address 3, Address 4

2) Mr Abc Def
Address 1, Address 2, Address 3, Address 4

3) Mr Abc Def
Address 1, Address 2, Address 3, Address 4

I have shown the photographic evidence to each of these individuals, however none have been able to determine exactly who was driving the vehicle in question.

I have taken legal advice on this matter and under section 172 of the Road Traffic Act 1988, subsection 172(4), I believe I have done everything possible to identity the driver. I have exercised at the very least the “reasonable diligence” required under law.

If I can be of further assistance please do not hesitate to contact me but I hope this correspondence provides you with sufficient information to conclude this matter in early course.

Yours faithfully

WARNING DO NOT USE THESE LETTERS TO MISLEAD THE PROCURATOR FISCAL OR THE POLICE. THIS WOULD BE A VERY SERIOUS OFFENCE AND COULD RESULT IN A PRISON SENTENCE.

(VERY RECENTLY A NURSE IN ENGLAND RECEIVED A 6 MONTH CUSTODIAL SENTENCE FOR PROVIDING FALSE INFORMATION REGARDING THE DRIVER OF THE VEHICLE AT TIME OF OFFENCE)

Written by Graham Walker

December 11, 2006 at 10:55 am

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