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Speeding roadside FPN issued with missing information
Frazzels20
post Fri, 29 May 2020 - 01:24
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Hello,

I was stopped by two police officers during lockdown on a public road in Scotland during the covid lockdown while I was driving. I was questioned on my reasons for being out of the house before being asked to produce my driving licence which I did. I was then told I was speeding and given an on the spot Fixed Penalty Notice printed ticket for £100 fine and 3 points and sent on my way.

Later that day, when I got home, I looked at the FPN that I was issued and I believe it's been filled out incorrectly by the issuing officers as the aledged recorded speed is omitted from the ticket, "Driving at ... mph in a 30 mph speed limit (BUA)". The FPN noticed was produced using an iPhone or similar mobile device and printed at the road side.

I am posting here looking for advice on if you think this ticket is enforceable? Am I able to request further information and/or evidence from the police before making a decision on whether to accept the FPN or not? As it looks like the issuing officer missed filling out a box on the iPhone app when generating the ticket, is it likely the police will have other evidence of the recorded speed? (For example, does the radar gun used keep a history of captured speed?)

In an ideal situation, I don't want to go to court nor pay the legal fees of a solicitor for a £100 fine, but I feel accepting the FPN in its current incorrect state is unfair. I similar would like to see the evidence, if any, of the alleged recorded speed showing that I was travelling at greater than 30 mph.

I have attached the FPN issued with missing information.
Thanks,
Fraser.

This post has been edited by Frazzels20: Fri, 29 May 2020 - 01:26
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post Fri, 29 May 2020 - 01:24
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The Rookie
post Fri, 29 May 2020 - 05:30
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The fixed penalty notice is an offer for you to accept to avoid prosecution as such there is no concept of enforceable or not enforceable that can be applied to it, it is not part of the prosecution process.

If you decline the FPN and the matter goes to court any errors of the FPN are irrelevant (and yes there is case law on this). So if you were speeding and you believe the Police have a reasonable chance of proving it in court, then it would be foolish in the extreme to not comply with the requirements to accept it.

You can ask for evidence at this stage, but the Police are under no obligation to provide it, the fixed penalty is a ‘discount’ for those willing to accept their guilt without having the Police go through all the work required to take you to court.


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Jlc
post Fri, 29 May 2020 - 07:00
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QUOTE (Frazzels20 @ Fri, 29 May 2020 - 02:24) *
I am posting here looking for advice on if you think this ticket is enforceable?

As already noted, the ticket is an irrelevant to the alleged offence itself. You either accept the offer to dispose of the matter without a prosecution or the matter proceeds to court.

QUOTE (Frazzels20 @ Fri, 29 May 2020 - 02:24) *
Am I able to request further information and/or evidence from the police before making a decision on whether to accept the FPN or not? As it looks like the issuing officer missed filling out a box on the iPhone app when generating the ticket, is it likely the police will have other evidence of the recorded speed? (For example, does the radar gun used keep a history of captured speed?)

You can request anything you like - it is almost certain they'll provide nothing at this stage.

Once the matter progresses to court then you can see what evidence they intend to rely upon. But this will almost certainly be in the form of a Witness Statement from the officer saying that he measured your speed with an approved device and that exceeded 30mph. They would normally only enforce from 35mph upwards.

QUOTE (Frazzels20 @ Fri, 29 May 2020 - 02:24) *
In an ideal situation, I don't want to go to court nor pay the legal fees of a solicitor for a £100 fine, but I feel accepting the FPN in its current incorrect state is unfair. I similar would like to see the evidence, if any, of the alleged recorded speed showing that I was travelling at greater than 30 mph.

Can I ask why it's unfair? The alleged offence is exceeding the limit and not a specific speed.

If the matter does go to court then the £100 offer is lost. The fine then becomes based upon your earnings and will be more if found guilty.

My understanding is that in Scotland each party pays their own costs.

QUOTE (Frazzels20 @ Fri, 29 May 2020 - 02:24) *
I have attached the FPN issued with missing information.

As already explained it's not fatal.


TL;DR - if you know you were exceeding 30mph then accepting the fixed penalty will likely be the pragmatic thing to do.

This post has been edited by Jlc: Fri, 29 May 2020 - 07:02


--------------------
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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andy_foster
post Sat, 30 May 2020 - 10:14
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QUOTE (The Rookie @ Fri, 29 May 2020 - 06:30) *
The fixed penalty notice is an offer for you to accept to avoid prosecution as such there is no concept of enforceable or not enforceable that can be applied to it, it is not part of the prosecution process.

If you decline the FPN and the matter goes to court any errors of the FPN are irrelevant (and yes there is case law on this). So if you were speeding and you believe the Police have a reasonable chance of proving it in court, then it would be foolish in the extreme to not comply with the requirements to accept it.

You can ask for evidence at this stage, but the Police are under no obligation to provide it, the fixed penalty is a ‘discount’ for those willing to accept their guilt without having the Police go through all the work required to take you to court.


There is English case law which states that errors in a COFP which do not prejudice the accused do not preclude subsequent prosecution. Said case law also states that a COFP is not an FPN.

That said, there is no statutory requirement for an FPN to state the alleged speed.


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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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The Rookie
post Sat, 30 May 2020 - 16:56
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I was thinking of Drozdowski which wasn't a CoFP. But I think we agree on the principle regardless.

http://www.bailii.org/ew/cases/EWHC/Admin/1998/933.html


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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