FPN without NIP? |
FPN without NIP? |
Sat, 18 Aug 2018 - 18:42
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#1
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New Member Group: Members Posts: 2 Joined: 18 Aug 2018 Member No.: 99,459 |
Hi, I have a question regarding the process of issuing a fine for speeding after being stopped by an officer..
Say an offender was stopped for speeding and he wasn't given a copy of a TOR and he wasn't given a verbal NIP but he was merely told "you may hear from us, but if you don't in 6-8 weeks don't worry". Say he then never received a written NIP within 14days, or anything further within the 6-8 weeks, but straight away received an FPN 5 months after the incident. With the FPN there is a copy of the officers notes, dated few days after the incident (but not send out until that fifth month after when the whole letter arrived). In those notes, the officer mentions he has given the offender a TOR and explained procedure to him, but he doesn't state to have given a verbal NIP.. In this situation, would there be a case to appeal due to not following correct procedures, offender not being made aware of intent of prosecution, and not receiving anything before the FPN 5 months later? Or is it possible to receive an FPN without an NIP being given first? Or more to the point, what is the correct procedure for issuing a penalty for a speeding offence? This post has been edited by Rememo_: Sat, 18 Aug 2018 - 18:44 |
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Sat, 18 Aug 2018 - 18:42
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Sat, 18 Aug 2018 - 18:43
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Does your post relate to a live case, or just Saturday evening musings?
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Sat, 18 Aug 2018 - 18:47
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#3
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New Member Group: Members Posts: 2 Joined: 18 Aug 2018 Member No.: 99,459 |
Haha.. bit of both. It's a live case of a friend of mine and it seems to me that he may have some grounds to appeal unless I'm mistaken and an NIP is not mandatory in that case.. or it's near impossible to prove that a verbal one wasn't issued.
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Sat, 18 Aug 2018 - 18:58
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#4
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Perhaps your friend could post himself and tell us what actually happened, rather than playing chinese whispers?
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sat, 18 Aug 2018 - 19:10
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#5
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
“You May hear from us” (with or without qualification) sounds like a warning that he may be prosecuted to me. The intention is that he is aware of the circumstances for which he may be prosecuted. That appears to have been fulfilled.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 18 Aug 2018 - 20:54
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#6
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
If he has received a FPN at least five months after the incident he is home and dry anyway. The police cannot begin court proceedings until the 28 days has elapsed on the notice. That would take it to over six months, and the police cannot initiate court proceedings after six months.
So all he needs to do is ignore it and any kind "last chance" reminders they send subsequently. |
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Sat, 18 Aug 2018 - 21:13
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#7
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
It would be unusual for an FPN to be accompanied by ‘officers notes’, or what sounds like a witness statement, are you sure it’s not an SJPN? I think we need three and four pence......
-------------------- 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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Sun, 19 Aug 2018 - 12:24
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#8
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
That's a good point
If it's not an SJPN, is it a Fixed Penalty Notice or a Conditional Offer of a Fixed Penalty ? If it's the latter, it can be ignored If it's the former, he has to tell the police that he's rejecting the Fixed Penalty If he doesn't, if unpaid it will be referred to the magistrates and recorded as an unpaid fine (and increased by 50%) |
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Sun, 19 Aug 2018 - 16:25
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#9
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Even allowing for the fact that the OP's story is somewhat devoid of accuracy and detail, it seems fairly safe to assume that his unfortunate friend did not receive an endorseable FPN without surrendering his licence, or through the post ever.
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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