Speed awareness and cv-19

[pilotoscot]

I got my first speeding ticket in 30 years in October. 40 in a 30.

I was offered points or the speed awareness course and chose the latter and paid.

The course was cancelled due to CV-19.

I was then written to by the met and given 3 points and £100 fine.

Not a terrible outcome but I’m wondering how to respond.

Can the police just issue a fine? Given that I paid for the course and through no fault of mine it is cancelled aren’t they too late?

I appreciate it is my own fault but I’m just interested in the legal basis or proceeding this way.

Thanks in advance!

[NugentS]

AIUI

There is a six month period from date of offence during which the police have to inform the courts that you have been a bad boy/girl. That six months is absolute.
The police cannot fine you
The police cannot issue you with points
Only the courts can do the fine and points

So if its the police / or organisation purporting to be the police writing to you with the offer of points and a fine then it would appear that on the surface of it that they are out of time and trying it on.

I imagine that they are offering you the chance of points and fine before moving to the court process. I think they have to give you 28 days to respond to the conditional offer.

Based on what you say - then they are out of time.

I am not a solicitor and my views should not be relied on

[AgentM]

My 81 year old mother was in a similar situation to the OP and was offered an awareness course via Zoom which she undertook yesterday.

I don't know whether this helps but they are clearly running the courses.

[Pothole]

Their thresholds are pretty high, then. No way you'd be offered a course for 40 in a 30 anywhere in the Midlands AFAIK. Maybe they realised they shouldn't have offered it.

[BertBert]

What form did the paperwork take? To get the points surely your have to plead guilty or be found guilty. Has that happened?
Bert

[pilotoscot]

Yes. I had to admit it. Tbf I thought it was in a 40mph zone. I accepted liability in exchange for the course. I’ve never had points before so,it’s not a huge big deal. It’s just that they have waived the right to prosecute, i’ve accepted, they’ve cancelled the course after I paid and now decided to fine and give points, but not through the courts.

I’m not saying I don’t deserve it, and it is actually very lenient. I just don’t see where they are proceeding lawfully.

[agtlaw]

There’s no legal basis to commence proceedings for a speeding offence more than six months after the index offence.

If you have a conditional offer of Fixed Penalty for a speeding offence in October 2019 then do nothing or send a letter reminding them of s.127 MCA 1980.

[BertBert]

pilotoscot said:

I accepted liability in exchange for the course.

I didn't think that going on a course was an acceptance of the offence - an admission of guilt.

[pilotoscot]

Thanks for the replies. I think I’ll wait and see what they do. I’ll post the outcome.

[StanleyT]

Ironically, my Speed Awareness course (tut-tut need them lorries back to slow one down on't Cat and Fiddle) is going to be delivered by "Zoom"!

[LosingGrip]

Pothole said:

Their thresholds are pretty high, then. No way you'd be offered a course for 40 in a 30 anywhere in the Midlands AFAIK. Maybe they realised they shouldn't have offered it.

42 in a 30 is the upper limit.

43 in 30 is no course.