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Conditional offer received after 20 days?
wdcafc
post Sun, 20 Sep 2020 - 18:41
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Hi, was hoping to get some guidance and clarity on my situation of at all possible.

On 20/08/2020 I was stopped by a police officer for speeding, issued with a yellow slip and told that I would receive correspondence in the post.

I have now received (18/09/2020) a letter which states it is a “conditional offer” - offering me the chance to pay £100 and 3 points on my license. The issue is that the letter is dated 09/09/2020 from the police constabulary.

Quite simply, am I right in thinking they should have sent this within 14 days? The letter is dated 20 days following the alleged offence. If I am wrong and the police constabulary has longer than 14 days then please just tell me I am wrong! If I have a case and should be responding/rejecting this charge, is there any advice on how to respond? Or perhaps links to a thread on here?

Thank you very much in advance, I have attempted to give as much information as possible so It can be confidently answered!
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post Sun, 20 Sep 2020 - 18:41
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andy_foster
post Sun, 20 Sep 2020 - 18:54
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The police needed to warn you at the time of the offence that you would be reported for consideration of prosecution for an offence to which s. 1 RTOA 1988 applies (e.g. speeding) or the driver or RK need to have been serve a NIP within 14 days of the date of offence. In your case, it would appear that you were warned at the time and there is no requirement to serve a NIP.

There is no requirement to issue a COFP, and even less to do so within any given time period (other than that if it is issued less than 28 days before the 6 months to instigate proceedings is up, they cannot instigate proceedings).


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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wdcafc
post Sun, 20 Sep 2020 - 19:05
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QUOTE (andy_foster @ Sun, 20 Sep 2020 - 19:54) *
The police needed to warn you at the time of the offence that you would be reported for consideration of prosecution for an offence to which s. 1 RTOA 1988 applies (e.g. speeding) or the driver or RK need to have been serve a NIP within 14 days of the date of offence. In your case, it would appear that you were warned at the time and there is no requirement to serve a NIP.

There is no requirement to issue a COFP, and even less to do so within any given time period (other than that if it is issued less than 28 days before the 6 months to instigate proceedings is up, they cannot instigate proceedings).


Thank you so much for the response. Sorry I am new to this, just to clarify - I have no grounds/need to appeal or contest this and they are able to fine me after 14 days - and I would need to pay my fine?
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andy_foster
post Sun, 20 Sep 2020 - 19:09
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Nothing you have told us indicates a viable defence.

They have offered you an opportunity to discharge liability for the (alleged) offence in exchange for paying a £100 penalty and getting 3 points on your licence. If you do not accept this offer, they will at some point within 6 months of the alleged offence instigate court proceedings, which will almost certainly end up costing you more unless you win (which would be unlikely without a viable defence).



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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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Jlc
post Sun, 20 Sep 2020 - 19:24
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The 14 days you refer to are for postal only notifications (where not stopped at the roadside).

Unless you were not speeding then accepting the conditional offer would seem to be the best way to dispose of the matter.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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