Speeding Ticket from February!

bonsoirbonsoir

Hi, I wondered if anyone could help, or point me towards some advice.

I've had a Conditional offer of Fixed Penalty today for speeding (39 in 30) in February 2010. This 5 months after the event.

I have NOT received a NIP at all.

Do I need to receive an NIP? And should they have sent this letter 14 days after the event?

Any help would be appreciated!

David

king100

bonsoirbonsoir wrote: »

Hi, I wondered if anyone could help, or point me towards some advice.

I've had a Conditional offer of Fixed Penalty today for speeding (39 in 30) in February 2010. This 5 months after the event.

I have NOT received a NIP at all.

Do I need to receive an NIP? And should they have sent this letter 14 days after the event?

Any help would be appreciated!

David

As far as I am aware if your DVLA records are correct they need to send it out within 14 days, but dont quote me.

bonsoirbonsoir

Thanks for the reply.

The only advice I can seem to find is that the 14 days applies to the NIP and I haven't received one of those. I may be wrong of course so if anyone could clarify that would be great.

king100

bonsoirbonsoir wrote: »

Thanks for the reply.

The only advice I can seem to find is that the 14 days applies to the NIP and I haven't received one of those. I may be wrong of course so if anyone could clarify that would be great.

Found google speeding fine issue time limit

The Notice of Intended Prosecution (NIP) arrived outside of the "14" day period. You should be able to get the prosecution dropped - get our lawyers to write you a legal letter and it should go away. This is assuming that you are the registered owner of the vehicle.

The NIP arrived outside of the"14" day period, as they had my address/details incorrectly recorded or not upto date. Section 1(1) Road Traffic Offenders Act 1988 requires that Notices of Intended Prosecution must be served within 14 days if a prosecution is to be successful. However, s2(3) of that Act provides an escape clause for the police. It says:

"failure to comply with the requirement of s1(1) of this act is not a bar to the conviction of the accused in case where the court is satisfied:-

(a) that neither the name and address of the accused nor the name and address of the registered keeper could with reasonable diligence have been ascertained in time for the notice to be served in compliance with s1(1)"

bonsoirbonsoir

I thinking that I need to ask them if they sent an NIP. If they didn't then this might apply.

peter_the_piper

Before you do this post on pepipoo they have a section just for speeding tickets.

king100

bonsoirbonsoir wrote: »

Hi, I wondered if anyone could help, or point me towards some advice.

I've had a Conditional offer of Fixed Penalty today for speeding (39 in 30) in February 2010. This 5 months after the event.

I have NOT received a NIP at all.

Do I need to receive an NIP? And should they have sent this letter 14 days after the event?

Any help would be appreciated!

David

That was for a NIP.

Here is for conditional offer

When will the Fixed Penalty Notice be issued?

If you have been stopped by the Police, the Officer can issue a Fixed Penalty Notice there and then on the basis that you agree to that procedure and by accepting the Notice, you would not face a potential "totting up" ban. Consequently, if you have 9 points or more on your licence, the Police will not issue a Fixed Penalty Notice as by accepting same, the motorist would face a "totting up" ban of at least 6 months. It is the Officer's choice as to whether or not a Fixed Penalty Notice will be issued. However, for certain offences, which are felt to be too serious to be punished by way of a conditional offer, a Summons must be issued.
When the driver is not stopped at the time of the allegation, a Fixed Penalty can be issued by the Process Unit/Camera Enforcement Office, but only when the offender has confirmed their identify by responding to a Notice of Intended Prosecution. As with a Summons, the Fixed Penalty must be issued within 6 months of the offence.
Can I dispute the Fixed Penalty Notice?

Yes. It is a "conditional" offer so if you do not wish to accept the Notice or the conditions, you have 28 days in which to reject it. Careful attention should be given to this process, as in some circumstances doing nothing amounts to acceptance, with the result that the punishment will be processed, which can lead to a licence being suspended and a fine enforced without any Court hearing.
Any person who wishes to reject the Notice is entitled to seek a Court hearing, but by doing so, the offer is withdrawn and thus the Court can impose a higher punishment upon conviction.

bonsoirbonsoir

Good News ...

I received a NIP in February and was given the option to undertake a Speed Awareness Course.

I did... and have the documentation.

This is a mistake and I'm hoping if I contact them it'll be sorted!

I'll let you know how it goes

foofi22

So what is the difference between a NIP and a Conditional offer of Fixed Penalty?

Are they one and the same? Or do you receive a NIP before a Conditional offer of Fixed Penalty? I just don't understand this stuff.

Quentin

The NIP comes first. When eventually they discover who was driving the car, that is when they send a CFP (assuming the offence can be settled that way)

bonsoirbonsoir

Well the outcome of this is that after talking to a string of people on the phone it is now sorted (matter closed). Either the police weren't informed I went on the Awareness Course, or they didn't process the information.

The police phoned me back to say it is sorted and apologised too, which was nice.

Thanks for all your replies!