Speeding fine? Heard nothing should I worry?

shamac

Got a letter addresssed to my husband with speeding fine for 34mph in a 30 zone. Husband was away with work so filled it in and sent it back with my details on it straight away. This was nearly 8 weeks ago and we have heard nothing. If our letter had got lost in the post would they have sent a reminder? Can't find online where I could ring and ask or is this delay normal?

karatepet

They probably checking photo if it was your husband and you filling form saying it was you.

bargepole

shamac wrote: »

Got a letter addresssed to my husband with speeding fine for 34mph in a 30 zone. Husband was away with work so filled it in and sent it back with my details on it straight away. This was nearly 8 weeks ago and we have heard nothing. If our letter had got lost in the post would they have sent a reminder? Can't find online where I could ring and ask or is this delay normal?

First of all, you didn't get a speeding fine - you got a s172 request to identify the driver.

Secondly, the letter was addressed to your husband, so he is the one who should have filled it in, signed it and return it - he had 28 days to do this, and should have used 27 of them.

Assuming that it was you who was driving, you should by now have received your own s172 asking you to confirm you were the driver. Once you send this back, they will normally either offer a fixed penalty, or a speed awareness course.

The fact that you've received nothing after 8 weeks would suggest that either a) your letter got lost in the post; b) their letter to you didn't arrive; or c) the ticket office have lost the file down the back of the cabinet (does sometimes happen). It's unlikely they are checking the photo, as most of these don't show the driver clearly, if at all.

You can't check this online. You could try ringing the police camera office, trouble is, if it's option c) above, they may start looking for it. Your call.

LincolnshireYokel

Can you prove you sent it back? Ie did you send it back by recorded delivery? Potentially they could come back after you for Failing to Furnish, which is 6 points, unless you can prove you posted it back.

Personally id hold my breath and wait and see. if you make 6 months and 1 day after the alleged offence you've cracked it, they have to lay charges within that time period.

Coupon-mad

Maybe the Police have realised that enforcing 34 in a 30 limit is stupid. :mad:

bargepole

Coupon-mad wrote: »

Maybe the Police have realised that enforcing 34 in a 30 limit is stupid. :mad:

I should have read that bit properly when I posted an answer late last night.

The ACPO guidelines say that the enforcement threshold is 10% + 2mph of the speed limit, so a minimum of 35 in a 30.

If it was me, and I got anything back, I would opt for court rather than the fixed penalty, and expect to get it chucked out as "within the margin of error". This can be a risky strategy, as Mags courts tend to go with the police whatever, and the points and fine (yes a real fine which can only happen in court) would be higher,

As LY has said, if you can wait it out for six months from the date of the alleged offence, there's stuff all they can do.

TonyMMM

The old ACPO guidelines (which are only guidelines and had no standing in law) suggested prosecution should start at the 10%+2 level (so 35mph). There is nothing to stop prosecution below that, nor are the guidelines any defence to such a prosecution....however:

What you do now really depends on your desired outcome. At that speed, in England & Wales, a Speed Awareness Course (costs you but no points) would be an almost certainty .. but if left too long the offer of such a course may not be made (for procedural reasons).

There is a possibility the case may just disappear (but that is remote), but if paperwork has been lost in the post , in either direction, there is a potential for things to get a lot more complicated.

I would be inclined to ring and check your reply was recieved. If you haven't a number, ring the non emergency line of the force involved and ask for a number for the speed enforcement unit.