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FPN without NIP?
Rememo_
post Sat, 18 Aug 2018 - 18:42
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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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post Sat, 18 Aug 2018 - 18:42
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peterguk
post Sat, 18 Aug 2018 - 18:43
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Does your post relate to a live case, or just Saturday evening musings?


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Rememo_
post Sat, 18 Aug 2018 - 18:47
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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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andy_foster
post Sat, 18 Aug 2018 - 18:58
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Perhaps your friend could post himself and tell us what actually happened, rather than playing chinese whispers?


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Andy

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southpaw82
post Sat, 18 Aug 2018 - 19:10
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“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.


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notmeatloaf
post Sat, 18 Aug 2018 - 20:54
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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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The Rookie
post Sat, 18 Aug 2018 - 21:13
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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......


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Redivi
post Sun, 19 Aug 2018 - 12:24
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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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andy_foster
post Sun, 19 Aug 2018 - 16:25
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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.


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