Speeding ticket notice periods

tomhudson21

Hi all,

I received a speeding ticket for driving 34 in a 30 zone. I am not debating whether or not I was over the limit, however I have two questions as I would rather avoid the fine and points if possible.

1 - I received the first letter informing me my car was recorded as being over the limited 31 days after the offence. I have seen a few references to this letter needing to be sent to the registered owner of the vehicle within 28 days of the offence. Does anyone have any reference or proof this is the case? I have tried to track this down in the various Acts and legislation but it's a minefield and I'm lost.

2 - The fact I was going 34 mph is the other issue. I have read that the limit is actually 10% plus 2 mph, meaning you are able to get away with up to 35 mph. I have also read that it's just 10%, meaning my 34 might be over the limit. Does anyone have confirmation of which of these apply?

If either of these are the case, is it likely I could avoid the fine/points by requesting a court hearing? Given the minority of the speed, is it likely I would actually have to attend a court hearing or could this be resolved fairly easily? I don't live near where the offence occurred so I really don't fancy a long trip to attend court if I don't have to.

Thanks all,

AndyMc.....

tomhudson21 wrote: »

Hi all,

I received a speeding ticket for driving 34 in a 30 zone. I am not debating whether or not I was over the limit, however I have two questions as I would rather avoid the fine and points if possible.

1 - I received the first letter informing me my car was recorded as being over the limited 31 days after the offence. I have seen a few references to this letter needing to be sent to the registered owner of the vehicle within 28 days of the offence. Does anyone have any reference or proof this is the case? I have tried to track this down in the various Acts and legislation but it's a minefield and I'm lost.
Its 14 days for the registered keeper.

2 - The fact I was going 34 mph is the other issue. I have read that the limit is actually 10% plus 2 mph, meaning you are able to get away with up to 35 mph. I have also read that it's just 10%, meaning my 34 might be over the limit. Does anyone have confirmation of which of these apply?
The offence is exceeding the speed limit and you admit to that's. It was ACPO Guidelines.

If either of these are the case, is it likely I could avoid the fine/points by requesting a court hearing? Given the minority of the speed, is it likely I would actually have to attend a court hearing or could this be resolved fairly easily? I don't live near where the offence occurred so I really don't fancy a long trip to attend court if I don't have to.
Why do you want to go to court? You have no defence and will get points and a fine greater than a fixed penalty notice.

Thanks all,

Odds on they want your money and will offer you a course.

soolin

tomhudson21 wrote: »

Hi all,

I received a speeding ticket for driving 34 in a 30 zone. I am not debating whether or not I was over the limit, however I have two questions as I would rather avoid the fine and points if possible.

1 - I received the first letter informing me my car was recorded as being over the limited 31 days after the offence. I have seen a few references to this letter needing to be sent to the registered owner of the vehicle within 28 days of the offence. Does anyone have any reference or proof this is the case? I have tried to track this down in the various Acts and legislation but it's a minefield and I'm lost.

2 - The fact I was going 34 mph is the other issue. I have read that the limit is actually 10% plus 2 mph, meaning you are able to get away with up to 35 mph. I have also read that it's just 10%, meaning my 34 might be over the limit. Does anyone have confirmation of which of these apply?

If either of these are the case, is it likely I could avoid the fine/points by requesting a court hearing? Given the minority of the speed, is it likely I would actually have to attend a court hearing or could this be resolved fairly easily? I don't live near where the offence occurred so I really don't fancy a long trip to attend court if I don't have to.

Thanks all,

As above the first NIP has to arrive in 14 days of the offence, this can delayed if the doc address is wrong, or the car is a company or leased car.

34 in a 30 is unusual, until recently no one had been able to show a legit NIP for this speed on this site http://forums.pepipoo.com. If all your paperwork is in order and the NIP is defintiely the first and not a reminder it might be worth asking on that forum, be warned, don't try and sign up with a hotmail address, the site doesn't like them. The apparent lateness of the NIP doesn't stop the clock though, so you will need to reply and nominate the driver.

George_Michael

tomhudson21 wrote: »

I received the first letter informing me my car was recorded as being over the limited 31 days after the offence.

As above, are you the registered keeper of the vehicle concerned? and if so, is the address shown on the registration document the address that you are currently living at?

waamo

Is your name and address correct on the V5c? What is the DocRef at the bottom of page 2 on the V5c?

Johno100

OP are you sure this is a Notice of Intended Prosecution (NIP) and not just a warning letter issued as a result of a Community Speedwatch operation?

tomhudson21

I received the Notice of Intended Prosecution 31 days after the offence. The vehicle is registered at my current address. I already admitted that it was me driving, and have now received the Conditional Offer of Fixed Penalty.

Do I have grounds to not pay due to the lateness the NIP was issued?

waamo

tomhudson21 wrote: »

I received the Notice of Intended Prosecution 31 days after the offence. The vehicle is registered at my current address. I already admitted that it was me driving, and have now received the Conditional Offer of Fixed Penalty.

Do I have grounds to not pay due to the lateness the NIP was issued?

That's why I asked the questions I did in post 5. Answer those and we might have a clue.

TadleyBaggie

You would have to ignore the CoFP and wait until court proceedings commenced. You would then need to plead not guilty and present the late NIP evidence as your defence.

I strongly suggest you take this over to Pepipoo, there are some very qualified experts who will be happy to advise.

tomhudson21

waamo wrote: »

That's why I asked the questions I did in post 5. Answer those and we might have a clue.

I did already confirm name and address is correct on the V5c,

I can't tell you the specific reference for on page 2, it's not in this property.

Thanks for trying to help though.

tomhudson21

TadleyBaggie wrote: »

You would have to ignore the CoFP and wait until court proceedings commenced. You would then need to plead not guilty and present the late NIP evidence as your defence.

I strongly suggest you take this over to Pepipoo, there are some very qualified experts who will be happy to advise.

I am guessing ignore is the same as respond to them saying I wish to request a court hearing?

I will have a look at this Pepipoo and see if they can help. I am only going to go to court if I think I actually stand a chance of winning it.