Withdrawal of conditional offer for speeding fixed penalty.
Discussion
Returning from BTCC Rockingham on 22nd April in Lincolnshire on A1 north I was recorded doing 81 mph on 70 mph dual carriageway.
I work overseas and returned to work on 23rd April for 3 weeks until 17th May. On my return I found a NIP dated 1st May.
Ok, guilty as charged. Posted acceptance offer, cheque & licence counterpart only on the 18th May or soon after.
On the 28th May my acceptance offer, cheque & licence counterpart was returned because I hadn’t enclosed my actual driving licence.
Posted by Recorded Delivery, the acceptance offer for the second time together with cheque and both parts of the licence on 29th May.
Returned to work again on the 5th June for 3 weeks until 27th June. On my return there was a letter from Lincolnshire Police dated 31st May saying because they had no response from me they were giving me a further 7 days until 6th June. I ignored this letter because I had already sent correct paperwork by recorded delivery on the 29th May.
On the 17th this month, last Tuesday, my acceptance offer was returned yet again, with a letter dated 12th July. This time the letter said I had failed to meet the requirements of the fixed penalty system within the extended time limit, consequently the fixed penalty offer has been withdrawn and the Police are issuing proceedings in a Magistrates Court.
At present I’m away again possibly until 17th August. Am curious what to expect on my return.
My predicament is that I have 6 penalty points compliments of 2 scammera vans on M74 both times doing +/- 80 mph and this if it goes to court could give me a further 6 points which would result in a ban.
Complete doom & gloom, no more jollies to Tescos & no more HSV or BTCC meets.
Should I seek legal advise and possible representation for my court appearance? Any good motoring lawyers in or around Lincolnshire or South Yorkshire? Any advice welcomed.
I work overseas and returned to work on 23rd April for 3 weeks until 17th May. On my return I found a NIP dated 1st May.
Ok, guilty as charged. Posted acceptance offer, cheque & licence counterpart only on the 18th May or soon after.
On the 28th May my acceptance offer, cheque & licence counterpart was returned because I hadn’t enclosed my actual driving licence.
Posted by Recorded Delivery, the acceptance offer for the second time together with cheque and both parts of the licence on 29th May.
Returned to work again on the 5th June for 3 weeks until 27th June. On my return there was a letter from Lincolnshire Police dated 31st May saying because they had no response from me they were giving me a further 7 days until 6th June. I ignored this letter because I had already sent correct paperwork by recorded delivery on the 29th May.
On the 17th this month, last Tuesday, my acceptance offer was returned yet again, with a letter dated 12th July. This time the letter said I had failed to meet the requirements of the fixed penalty system within the extended time limit, consequently the fixed penalty offer has been withdrawn and the Police are issuing proceedings in a Magistrates Court.
At present I’m away again possibly until 17th August. Am curious what to expect on my return.
My predicament is that I have 6 penalty points compliments of 2 scammera vans on M74 both times doing +/- 80 mph and this if it goes to court could give me a further 6 points which would result in a ban.
Complete doom & gloom, no more jollies to Tescos & no more HSV or BTCC meets.
Should I seek legal advise and possible representation for my court appearance? Any good motoring lawyers in or around Lincolnshire or South Yorkshire? Any advice welcomed.
Given that story, a court is unlikely to dish out much more than 3pts + 60 + costs + victims of crime bonus. So you'll be a bit worse off, but keep yoor licence.
Make it clear that you are pleading guilty as early as possible and that it is only an administrative mistake on your part together with the travel requirements of your job that means that the FPN wasn't able to go through
Make it clear that you are pleading guilty as early as possible and that it is only an administrative mistake on your part together with the travel requirements of your job that means that the FPN wasn't able to go through
So having issued the C.O.(Pay 60/3 points) because they did not receive cheque AND DL + C/Part by 19th May then the conditions were not met in the 28 day suspended enforcement period (SEP) so the law dictates it has to go to Court.
But, as I understand, your docs were returned on 28th May (38th day). Was there any indication that the SEP was being extended by them? I understand they have power to do so. If so you have complied in the next day sending everything required to comply. If they were not extending then there should have been information that matter was being referred to Police and Court proceedings. The further letter tends to indicate an extended period.
Certainly from the circumstances and the Certificate of Posting recorded delivery slip ( treat like gold and protect) if it goes to Court are grounds for mitigation in this case as to why you should not be treated to the same sentence as the CO, but they are not duty bound to do so. Bear in mind also additional costs at Court of CPS Prosecuting fee (£30 - 60) plus Victim Support donation £15 on top of what they award.
Incidentally your check on the WEB the date Rec Del made (See your ticket)
Personally I would try and make contact with the SCP to speak to a Supervisor and CALMLY outline that you did reply with full documentation the day after their request and have proof of postage: that to save Court time and expense you will comply with what required under CO. It just may work.
dvd
But, as I understand, your docs were returned on 28th May (38th day). Was there any indication that the SEP was being extended by them? I understand they have power to do so. If so you have complied in the next day sending everything required to comply. If they were not extending then there should have been information that matter was being referred to Police and Court proceedings. The further letter tends to indicate an extended period.
Certainly from the circumstances and the Certificate of Posting recorded delivery slip ( treat like gold and protect) if it goes to Court are grounds for mitigation in this case as to why you should not be treated to the same sentence as the CO, but they are not duty bound to do so. Bear in mind also additional costs at Court of CPS Prosecuting fee (£30 - 60) plus Victim Support donation £15 on top of what they award.
Incidentally your check on the WEB the date Rec Del made (See your ticket)
Personally I would try and make contact with the SCP to speak to a Supervisor and CALMLY outline that you did reply with full documentation the day after their request and have proof of postage: that to save Court time and expense you will comply with what required under CO. It just may work.
dvd
I was lucky with a similar situation in 1997 or thereabouts. Speeding ticket arrived at my Daughters house ( basically accomodation address because I work overseas)
She phoned me about it every time someone came to the house to look for me.
6 months later I returned to UK, went to the police station ( not the same one as the issuing authority, but the one that was looking for me)
I showed them my passport and work visas and explained the situation. Case dropped. I suppose because of time limit. Very helpful BiB, it was only 79mph on the A444.
Obviously intentionally staying out of country for 6 months for a speeding fine wouldn't be very clever ( unless you were looking at a totting up ban)
She phoned me about it every time someone came to the house to look for me.
6 months later I returned to UK, went to the police station ( not the same one as the issuing authority, but the one that was looking for me)
I showed them my passport and work visas and explained the situation. Case dropped. I suppose because of time limit. Very helpful BiB, it was only 79mph on the A444.
Obviously intentionally staying out of country for 6 months for a speeding fine wouldn't be very clever ( unless you were looking at a totting up ban)
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