Intended prosecution letter

William1982

I have just received a letter stating the police are intending to prosecute me for speeding. I was doing 70mph on the motorway and I genuinely didn’t know the limit is 60mph. I know that is not a good excuse.

I’ve had my driving license for 13 years and never had any points.

What will happened to me? Will I have to go to court and explain myself in front of a judge?

Thanks for any help

waamo

For 70 in a 60 you will likely be offered a speed awareness course as opposed to being prosecuted.

If a course is not available to you then the next most likely option is a conditional offer of fixed penalty. This will be an offer of not going to court in exchange for £100 fine and 3 points on your licence.

If you return the forms promptly then a court appearance shouldn't be necessary.

mchale

Did you receive the NIP within 14 days of the alleged offence, assuming you are the reg keeper of the vehicle.

William1982

The alleged offence date is 21/04/18 and i received the letter today.

TadleyBaggie

No issue with the service then. All you can do is name yourself as the driver and then see what they offer. At that speed a speed awareness course (or possibly a smart motorway course) should be offered if the offence was in England or Wales.

facade

A request to name the driver, and notice of intended prosecution (one one form, refereed to as n NIP) have to be sent to the recorded keeper of the vehicle within 14 days of the offence. (You are well inside that)

You are required by Law to reply to the notice naming the driver of the vehicle at the time of the offence, within the 28 days limit on the form.

When you have done that they will write back with an offer of a course, or the offer of 3 points and a fixed penalty fine of £100.

The course has to be completed by a set date and costs slightly less, but doesn't carry any points, however Admiral Insurance will ask if you have been on one, and may increase your insurance premium.

Or you can opt to go to court, which costs far far more than £100 if you are found guilty (you would need to prove that you were travelling below the speed limit in place to not be)

William1982

Thanks for the help. It was myself that was driving and i probably was doing 70mph as i have a habit of using the cruise control which is set to 70mph (not anymore after this). I genuinely thought the speed limit is 70mph on motorways unless they have the matrix signs flashing.

I will reply with my details and see what they offer. Am i right in thinking they will make an offer via post? I would prefer the course as the points stay for 5 or more years plus i have to declare that with insurance.

Johno100

William1982 wrote: »

Thanks for the help. It was myself that was driving and i probably was doing 70mph as i have a habit of using the cruise control which is set to 70mph (not anymore after this). I genuinely thought the speed limit is 70mph on motorways unless they have the matrix signs flashing.

It usually is, perhaps there were roadside speed signs in place instead which you often find in areas of road works.

Just a thought, I take it you were driving a car and not a van of some sort which may have a lower limit on motorways?

Car_54

facade wrote: »

A request to name the driver, and notice of intended prosecution (one one form, refereed to as n NIP) have to be sent to the recorded keeper of the vehicle within 14 days of the offence. (You are well inside that)

The 14-day limit applies only to the NIP, not to the s172 request to name the driver, although they are usually on the same document.

So, even if the NIP is served late, the s172 is still valid and must be answered.

AndyMc.....

Car_54 wrote: »

The 14-day limit applies only to the NIP, not to the s172 request to name the driver, although they are usually on the same document.

So, even if the NIP is served late, the s172 is still valid and must be answered.

But the NIP wasn’t late.

neilmcl

William1982 wrote: »

Thanks for the help. It was myself that was driving and i probably was doing 70mph as i have a habit of using the cruise control which is set to 70mph (not anymore after this). I genuinely thought the speed limit is 70mph on motorways unless they have the matrix signs flashing.

I will reply with my details and see what they offer. Am i right in thinking they will make an offer via post? I would prefer the course as the points stay for 5 or more years plus i have to declare that with insurance.

It is. Where exactly was this?