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Two Notice of Intended Prosecution: Speeding in 30mph zone 20 minutes apart
Distorted Vision
post Sat, 9 Sep 2017 - 10:39
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I am assisting my 75 year old mother who received two fixed penalty notices in the post from Cheshire Constabulary. The first was 38mph at 09:55 on a road in our home town and it said it was exceeding 30mph (manned camera). The second was on exactly the same road 20 minutes later at 10:15 going in the opposite direction recording a speed of 35mph. Again it was a manned camera and both say this allegation is supported by photographic and / or video evidence.

My mother has never had penalty points on her license or ever been pulled over by the police or even a parking fine for that matter in the 45 years that she has been driving. I was wondering what the best course of action would be as we were hoping that both would be dealt with by a speed awareness course. It says the course threshold for speeding in a 30mph zone is up to and including 42mph.

Should we put a covering letter kindly requesting both offences be dealt with by a speed awareness course?

Otherwise please advise on the best course of action.


Many thanks!

This post has been edited by Distorted Vision: Sat, 9 Sep 2017 - 12:12
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post Sat, 9 Sep 2017 - 10:39
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The Rookie
post Sat, 9 Sep 2017 - 10:57
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Well they won't be fixed penalty notices, I presume they are NIP/S172? (Notice of Intent to Prosecute combined with an S172 request for drivers details?

She could ask for them to be treated as a single offence, but legally she would struggle with that argument due to the time separation, it most certainly isnt just the one, besides its a dead cert she will be offered a speed awareness course for one and a Conditional Offer of a Fixed Penalty (similar to an FPN but legally a different animal) for the other.


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Spinstorm
post Sat, 9 Sep 2017 - 11:36
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It's unfortunate but neither really present a problem to her as far as her independence and mobility are concerned.

As above one will be a course and one will be 3 points. So she will have 3 points on her license.

Not the end of the world. And she should be more careful now.

I hate all the cameras and police checking our speeds. I'm sure I'm not the only one. I have a speed camera detector (uses GPS) to let me know if there are cameras in areas I don't know. But manned police- that's down to looking where your going and really you have no excuse to get done by the same police van/gun twice so quickly.
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Distorted Vision
post Sat, 9 Sep 2017 - 12:16
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Yes sorry they were Notice of Intended Prosecution. I'm edited the title of the thread.

Is there any harm in requesting that both be dealt with by a speed awareness course. What is the difference between a Fixed Penalty Notice and a Conditional Offer of a Fixed Penalty?

Many thanks.
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Logician
post Sat, 9 Sep 2017 - 12:28
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QUOTE (Distorted Vision @ Sat, 9 Sep 2017 - 13:16) *
Yes sorry they were Notice of Intended Prosecution. I'm edited the title of the thread. Is there any harm in requesting that both be dealt with by a speed awareness course. What is the difference between a Fixed Penalty Notice and a Conditional Offer of a Fixed Penalty? Many thanks.


No harm but no prospect of success. It would be a CoFP, which is a form of fixed penalty notice.



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The Rookie
post Sat, 9 Sep 2017 - 13:25
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QUOTE (Distorted Vision @ Sat, 9 Sep 2017 - 13:16) *
Yes sorry they were Notice of Intended Prosecution. I'm edited the title of the thread.

Is there any harm in requesting that both be dealt with by a speed awareness course. What is the difference between a Fixed Penalty Notice and a Conditional Offer of a Fixed Penalty?

Many thanks.

One is an offer you are free to take up or ignore, a fixed penalty can only be given out once the licence has been surrendered and at that point you either take it up or reject it, failure to do either sees it registered as an unpaid fine fine a the points added anyway.


--------------------
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 8-0 PPC's
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Distorted Vision
post Tue, 10 Oct 2017 - 09:12
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It was treated as a single offence and she's taken up the speed awareness course. We didn't even make a request it was just happened automatically.

QUOTE (Logician @ Sat, 9 Sep 2017 - 13:28) *
QUOTE (Distorted Vision @ Sat, 9 Sep 2017 - 13:16) *
Yes sorry they were Notice of Intended Prosecution. I'm edited the title of the thread. Is there any harm in requesting that both be dealt with by a speed awareness course. What is the difference between a Fixed Penalty Notice and a Conditional Offer of a Fixed Penalty? Many thanks.


No harm but no prospect of success. It would be a CoFP, which is a form of fixed penalty notice.

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Jlc
post Tue, 10 Oct 2017 - 09:17
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Wow, that is unusual - result!


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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

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