Speeding ticket advice

MrsWarren83

Hi, I'm hoping someone can help me as soon as possible. My husband received two Notices of Intended Prosecutions today for two "Speeding offences" he undertook on Monday and Wednesday. For context, he was on his way home from work on a stretch of busy road which is usually a 40mph zone. Cones have been placed for road works but the workmen aren't on site until night time, hours after he has already gotten home, but anyhow, that small area is currently a 30mph zone whilst the cones are in place. He was doing 38mph both times the speed camera clocked him. 
The issue is, he is a new driver. No accidents or other penalties as he's an excellent driver, but it took him several attempts to pass his test because of extreme nerves when it comes to exams. We understand the penalty for speeding is normally 3 points on your license, now he has two notices so that would be six points, meaning his license could be revoked and he would have to sit his theory and practical test again. I'm hoping he will be offered a speed awareness course instead, and maybe just 3 points on his license, but that's for them to decide. We have now been told by a friend that he shouldn't drive AT ALL until a decision has been made, and that the Notice of Intended Prosecution should be enough for him to have his license removed no questions asked if he is seen driving the car whilst under investigation for the offences. Is this true? Surely it would have said that on the letter if this was the case? Advice gratefully received, thank you.

Umkomaas

You need expert advice which isn't available on a private parking forum. Please post your query over on PePiPoo where there is a specialist section. You'll need an email address to register, but please note that, for whatever reason, a hotmail one won't work. 

http://forums.pepipoo.com/index.php?act=SF&s=&f=5

Johnersh

A Notice of Intended Prosecution (NIP) is exactly that. He has not been prosecuted at all (yet). It is a nonsense to suggest he cannot continue driving. The police don't even know who was driving the car, yet! 

The purpose of the NIP is for the keeper of the vehicle to declare who was driving. As parking companies would do well to learn, there is no presumption.

Watch the time limits carefully - a NIP must be received (not merely sent) within 14 days. Failure to do that may render prosecution impossible. If that's Monday and Weds this week, though, they're within time. 

As noted above Pepipoo is the forum of choice for these.

It is an offence not to name the driver. Once processed you will receive a letter which, at that speed, should still fall within the fixed penalty scheme as you suggest. Even then, until you (I) elect to accept the penalty or (II) elect to defend at court and there is a judgment, the driver will not have any conviction(s) which preclude driving. New drivers are, as noted, subject to a lower threshold for "totting up" points. 

No one will be able to tell you if a speed awareness course will be offered as that depends on local policy. 

nosferatu1001

He'll get a course offer for one. Take it. CoFP for the other. Take it. 

Leaves him on 3 points. 

Johnersh

@nosferatu1001 absolutely the thing to do -  provided that it's offered, but it really isn't always on the table. 

nosferatu1001

It's within 10% plus 9mph so barring anything really weird, it will be. 

D_P_Dance

i got one last week.  38/30, It is no big deal.

D_P_Dance

is this true?

why are you asking us.  We have told you, we only deal with PCN from private companies.  

D_P_Dance

OK so I made a mistake.  I am very old and sometimes get a bit confused.  No need to be rude.