Speeding fine took ages to deliver

somethingabstract

If a roadside speeding offence took place in August (7/8/2024), but a letter was not received until December, posted 30/11/2024, do I have any recourse based on the fact they have not sent the letter out promptly?

TooManyPoints

No.

If you were stopped and warned at the time that you may be prosecuted, the only time constraint on the police is that they must begin court proceedings within six months of the date of the alleged offence.

What is this letter? Is it an offer of a course or a fixed penalty?

Keep_pedalling

 No the 14 day rule only applies is your were not stopped and they don’t know who the driver was. You would have been given your NIP at the roadside after which the police have 6 months to begin court proceedings.

Have you been offers a course or a fixed penalty?

Mildly_Miffed

By "roadside speeding offence", you mean you were stopped and given the NIP at the time? That was within 14 days of the offence, wasn't it?

LightFlare

Depends what letter you have recently received and what the underlying offence was (as in, posted limit and the magnitude of your excess)

Plus what has already been said

(what happened to your 2018 case?)

TooManyPoints

By "roadside speeding offence", you mean you were stopped and given the NIP at the time?

Just on a point of pedantry, there is no such thing as a "verbal NIP". A NIP is a written notice and, providing the offence warrants it, must be served on either the driver or the Registered Keeper within 14 days (subject to a couple of statutory exceptions).

When a driver is stopped he should be given a warning that he may be prosecuted and if he receives that, no NIP is required.

Car_54

TooManyPoints said:

By "roadside speeding offence", you mean you were stopped and given the NIP at the time?

Just on a point of pedantry, there is no such thing as a "verbal NIP". A NIP is a written notice and, providing the offence warrants it, must be served on either the driver or the Registered Keeper within 14 days (subject to a couple of statutory exceptions).

When a driver is stopped he should be given a warning that he may be prosecuted and if he receives that, no NIP is required.

Since we're in pedantic mode, I should point out that every NIP is verbal.

somethingabstract

I honestly can't remember if I received anything at the time.  

The letter says I can choose to plead guilty or not guilty. And choose whether to attend court or not.
It's a Single Justice Procedure Notice. 
It says excess of 50mph.  Roughly 20mph over the limit.

It says I received a letter offering a fixed penalty on 13/08/2024 but I did not receive any such letter.  So I'm guessing this is why I have received this letter as I haven't seen one like this ever before.

Kind of annoying as I had no points so I may possibly have been offered a driver education.  

Keep_pedalling

You were going too fast to be offered a speed awareness course. For advice on what to do next you should post over on the FTLA forum 

https://www.ftla.uk/speeding-and-other-criminal-offences/

Read this sticky before posting.

https://www.ftla.uk/speeding-and-other-criminal-offences/read-this-first-before-posting-your-case!/

TooManyPoints

I honestly can't remember if I received anything at the time. 

You probably did not as there was nothing to be sent.

You must respond to the SJPN by pleading guilty. 

In the "mitigation" section you should state that you were sent a fixed penalty offer but it was not received. You therefore respectfully request that the court considers sentencing you at the level equivalent to the fixed penalty.

Magistrates have guidance which suggests they should consider that in the circumstances you describe.

There is no need to attend court unless you particularly want to but if you do there is no need to put your request in writing as you can make it in person when you attend.

somethingabstract

Thank you for all your help.  I have ADHD and I'm terrified of missing the deadline so I'm going to take the advice here and submit the guilty plea.  If I had more time I would look at other options.