fixed penalty notice & summons

howzatt

hello all, I'm new to the forums so pls be gentle!

Had the worst week:
1. Got a fixed penalty notice for doing 35 in a 30mph road which I accept - however the offence was in middle of June
but I have just received the fixed penalty notice now 09th August? The notice is dated last week so has not got delayed in post or anything like that. My question is - isn't there a minimum period by which they should be issuing the notice or is it still within the period being 2 months later?

2. My OH got a summons for a speeding offence she was pulled over for. She was doing 56 on a 40mph road. She admitted it to the police at the time, although that road has 3 lanes and hardly any cars ever stay under 40mph (thats another story, she was just unlucky I guess).
She called them up to check why she had not received a fixed penalty or SAC, and was told they don't have to always issue that.
Now my question is this for anyone who has been involved with this before, or knows how it works (as this is first time ever we have come across a summons!) - is it better to process it through the post or go to court and admit the offence? Obviously in court she can do some explaining reg the circumstances (which cannot really justify the speeding, but may create some sympathy..)?

Thanks in advance for the replies!

spacey2012

Have you saved the ENVELOPE !!!!!

VERY VERY IMPORTANT.

smashingyour...

spacey2012 wrote: »

Have you saved the ENVELOPE !!!!!

VERY VERY IMPORTANT.

Why?

What are you thinking?

Wywth

howzatt wrote: »

hello all, I'm new to the forums so pls be gentle!

Had the worst week:
1. Got a fixed penalty notice for doing 35 in a 30mph road which I accept - however the offence was in middle of June
but I have just received the fixed penalty notice now 09th August? The notice is dated last week so has not got delayed in post or anything like that. My question is - isn't there a minimum period by which they should be issuing the notice or is it still within the period being 2 months later?

2. My OH got a summons for a speeding offence she was pulled over for. She was doing 56 on a 40mph road. She admitted it to the police at the time, although that road has 3 lanes and hardly any cars ever stay under 40mph (thats another story, she was just unlucky I guess).
She called them up to check why she had not received a fixed penalty or SAC, and was told they don't have to always issue that.
Now my question is this for anyone who has been involved with this before, or knows how it works (as this is first time ever we have come across a summons!) - is it better to process it through the post or go to court and admit the offence? Obviously in court she can do some explaining reg the circumstances (which cannot really justify the speeding, but may create some sympathy..)?

Thanks in advance for the replies!

Police can always excercise personal discretion. They can decide to have the case heard in court if they feel justified, so no fixed penalty or SAC.
She admitted the offence at the time to the police officer.
She'll need a really good lawyer to get her off that one

Wywth

smashingyour... wrote: »

Why?

What are you thinking?

It could perhaps be used again, maybe to send a letter to her when she's in klink? Every penny helps. Think of the amazon rainforest if nothing else.

neilmcl

OP, are you the registered keeper of the vehicle?

ado

spacey2012 wrote: »

Have you saved the ENVELOPE !!!!!

VERY VERY IMPORTANT.

I think he means that it will provide proof of the date that it was posted on and will provide evidence to support your claim that the offence was in June but that the penalty was sent out too late.

Or he's just a recycling freak!

Paradigm

OP says the "notice" is dated last week, if so (& he's referring to the NIP itself) the envelope doesn't matter.

howzatt.... have you recently changed address? Is it your car or leased/company? If it's yours how long have you owned it?

facade

Try the peppipoo forums, but basically, they have 14 days to send out the first NIP (Notice of Intended Prosecution) which only asks for the name of the driver) If the car is registered to someone else, as long as they received the first NIP within 14 days it is legal.

If there was no reason whatsoever why they couldn't have put your name and address on the envelope and posted it to you within 14 days then the speeding offence "times out" but the person named on the letter MUST name a driver or face a 6 point penalty, and am insurance price hike like you wouldn't believe.

facade

Oh, and if they send out a COFP (certificate of fixed penalty, = a £60 fine and 3 points) this is a discount for wicked evil guilty people to hold their hands up and be punished for their naughtiness, without tying up our legal system.

If you go to court and lose, or plead guilty you still get 3 points, but the fine is income related, plus a victim surcharge, plus costs (if you went for not guilty)

An SAC (speed awareness course) carries no points, but costs £90, and some insurance companies now ask if you have been on one (which pretty much makes them pointless, a situation which is being "looked into" also you might argue that an SAC is extra training to make you less of a risk.......)

TadleyBaggie

facade wrote: »

Oh, and if they send out a COFP (certificate of fixed penalty

The "C" stands for conditional not certificate.