Speeding Fine - over 6 months old?
Speeding Fine - over 6 months old?
Author
Discussion

guitarcarfanatic

Original Poster:

1,947 posts

157 months

Tuesday 29th October 2019
quotequote all
Flashed by local police force in April...they wrote to hire company in May who named my company.as the hirer. Police then dragged heels and have now finally sent letter to my company a few days prior to 6 month limit.

My company have responded with my details...when I get the nip at some point in the future, my understanding is I respond to confirm I was the driver, but they cannot issue any proceedings as outside 6 months?

It may never turn up as today was exactly 6 months from offence. If it does, how do I play it?

DaveH23

3,349 posts

192 months

Tuesday 29th October 2019
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I believe the time frame you are referring to is to notify the registered keeper, not the driver.

SS2.

14,674 posts

260 months

Tuesday 29th October 2019
quotequote all
guitarcarfanatic said:
It may never turn up as today was exactly 6 months from offence. If it does, how do I play it?
Complete the s.172 form in full, sign it & return it (recorded delivery) such that it is delivered to the SCP within 28 days from the date you received the notice.

If you hear anything back, please update this thread.

kiethton

14,475 posts

202 months

Tuesday 29th October 2019
quotequote all
DaveH23 said:
I believe the time frame you are referring to is to notify the registered keeper, not the driver.
I'll defer to AGT if he's around but the OP may be on to something here.

As far as my understanding goes, for a speeding offence the information to charge must be laid before a court within 6 months of the offence - hence why people waiting for a court date normally get the paperwork a few days before the deadline. If the OP has only now been named as driver and the offence happened over 6 months ago they will not be able to do so and it should be dropped?

SS2.

14,674 posts

260 months

Tuesday 29th October 2019
quotequote all
kiethton said:
DaveH23 said:
I believe the time frame you are referring to is to notify the registered keeper, not the driver.
I'll defer to AGT if he's around but the OP may be on to something here.

As far as my understanding goes, for a speeding offence the information to charge must be laid before a court within 6 months of the offence - hence why people waiting for a court date normally get the paperwork a few days before the deadline. If the OP has only now been named as driver and the offence happened over 6 months ago they will not be able to do so and it should be dropped?
Even if the alleged speeding offence occurred more than 6 months prior, the OP should still complete and return the s.172 notice within the allowed time.

kiethton

14,475 posts

202 months

Tuesday 29th October 2019
quotequote all
SS2. said:
Even if the alleged speeding offence occurred more than 6 months prior, the OP should still complete and return the s.172 notice within the allowed time.
Totally agree there

NugentS

699 posts

269 months

Tuesday 29th October 2019
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And if they offer you a fixed penalty - decline it


guitarcarfanatic

Original Poster:

1,947 posts

157 months

Tuesday 29th October 2019
quotequote all
Thanks guys, confirmed what I suspected.

The Li-ion King

3,777 posts

86 months

Tuesday 29th October 2019
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NugentS said:
And if they offer you a fixed penalty - decline it
Is it a myth that if you don't accept a CoFP, if the matter goes to court the fines / points situation can be worse? confused

Currently facing 2 NIP's, 24 in 20 zone, same camera, same speed, but two different months eek It seems the 'tolerance' over 20 (3-4 mph) has totally gone now frown

Accepted the first NIP, sent off, and was offered CoFP. Paid it, but wonder if how many times they can offer a SAC? Is it once per year or have things changed? For the second NIP which would take me to 12 under totting up, I will decline the fixed penalty unless it's a course... frown

Edited by The Li-ion King on Tuesday 29th October 20:37

agtlaw

7,273 posts

228 months

Tuesday 29th October 2019
quotequote all
The Li-ion King said:
Is it a myth that if you don't accept a CoFP, if the matter goes to court the fines / points situation can be worse? confused

Currently facing 2 NIP's, 24 in 20 zone, same camera, same speed, but two different months eek It seems the 'tolerance' over 20 (3-4 mph) has totally gone now frown
Not a myth.

24/20 is the lowest speed at which proceedings will commence.

SS2.

14,674 posts

260 months

Tuesday 29th October 2019
quotequote all
The Li-ion King said:
Is it a myth that if you don't accept a CoFP, if the matter goes to court the fines / points situation can be worse?
No - depending upon the speed, fines and / or penalty points can be higher, plus there would be costs and surcharges to take into consideration. You can also be banned.

The Li-ion King said:
..but wonder if how many times they can offer a SAC?
For providers who are part of the same scheme, it's one course of a particular type in any 3 year year period.

QBee

22,044 posts

166 months

Friday 1st November 2019
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Where I live, 20mph limits are around primary schools.
My grandchildren go to one such school.
No need for the rest of what i was going to write.

randlemarcus

13,644 posts

253 months

Friday 1st November 2019
quotequote all
QBee said:
Where I live, 20mph limits are around primary schools.
My grandchildren go to one such school.
No need for the rest of what i was going to write.
Was it "won't someone think of the grandchildren". Granted, the 12 points doesn't indicate a good driver, but it could have been when they weren't at school, or just possibly, somewhere other than where you live, where the limit is 20 for no good reason.

scorcher

4,093 posts

256 months

Friday 1st November 2019
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We’ve got 24/7 20 mph speed limit outside the local primary school on a main route . Totally pointless and unnecessary. Very few people take any notice of it.

guitarcarfanatic

Original Poster:

1,947 posts

157 months

Tuesday 5th November 2019
quotequote all
Got the NIP through -

Gives me the options of accepting the fixed penalty or court.

Offence happened on 30/04/2019 so outside of the 6 months by almost a week now - plus I get 30 days to reply....

Do I reply, tick for box for court and include a cover letter mentioning the 6 monthy limit from offence to bring a Single Justice Procedure Notice?

Cheers,

Rob

Trax

1,583 posts

254 months

Tuesday 5th November 2019
quotequote all
guitarcarfanatic said:
Got the NIP through -

Gives me the options of accepting the fixed penalty or court.

Offence happened on 30/04/2019 so outside of the 6 months by almost a week now - plus I get 30 days to reply....

Do I reply, tick for box for court and include a cover letter mentioning the 6 monthy limit from offence to bring a Single Justice Procedure Notice?

Cheers,

Rob
I would assume so, but I would wait until someone like agtlaw gives a pointer, as they do know what they are doing. I guess they are relying on you not knowing the law (as most wouldn't) and would prefer you to accept the fixed penalty.

agtlaw

7,273 posts

228 months

Tuesday 5th November 2019
quotequote all
guitarcarfanatic said:
Got the NIP through -

Gives me the options of accepting the fixed penalty or court.

Offence happened on 30/04/2019 so outside of the 6 months by almost a week now - plus I get 30 days to reply....

Do I reply, tick for box for court and include a cover letter mentioning the 6 month limit from offence to bring a Single Justice Procedure Notice?

Cheers,

Rob
Yes and make reference to s. 127 of the Magistrates’ Courts Act 1980 (as amended).



speedking31

3,793 posts

158 months

Tuesday 5th November 2019
quotequote all
The Li-ion King said:
It seems the 'tolerance' over 20 (3-4 mph) has totally gone now frown
Prosecution starts at x + 10% + 2, i.e. in a 20 = 20 + 2 + 2 = 24 mph, nothing has changed.

guitarcarfanatic

Original Poster:

1,947 posts

157 months

Tuesday 5th November 2019
quotequote all
agtlaw said:
guitarcarfanatic said:
Got the NIP through -

Gives me the options of accepting the fixed penalty or court.

Offence happened on 30/04/2019 so outside of the 6 months by almost a week now - plus I get 30 days to reply....

Do I reply, tick for box for court and include a cover letter mentioning the 6 month limit from offence to bring a Single Justice Procedure Notice?

Cheers,

Rob
Yes and make reference to s. 127 of the Magistrates’ Courts Act 1980 (as amended).
Legend, thanks mate

guitarcarfanatic

Original Poster:

1,947 posts

157 months

Thursday 21st November 2019
quotequote all
Letter recieved today - it's been cancelled. Cheers for the advice all smile