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speeding ticket - too late to prosecute?
acd
post Fri, 10 Apr 2015 - 12:17
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Hi, I was hoping for some advice!

My boyfriend got 2 tickets in the space of 2 days for going 36 and 38 in a 30mph area. The notices of prosecution arrived together on the same day but within the 14 days that's required. He sent off the forms confirming that he was the one driving but wanted to challenge the tickets as we'd just moved into the area and he didn't realise it was 30mph as the route that he uses (it was on the way to his work) has no sign to indicate that the speed limit had changed from 40 to 30. We live just next to a police station so he popped in there to ask for advice and they said to fill out the forms confirming that he was the driver but not to accept any penalty offers and to wait for a court date as he had a good case to appeal the speeding fines. The dates of the offences were 2nd and 4th Oct 2014, and yesterday he received a letter offering a final opportunity to accept a £100 fine and 3 points for the first offence. ThIs letter is dated 7th April. My question is, I've heard that if it is longer than 6months you can no longer be prosecuted for the offense, is this true? Also, has this letter been sent because the police realise this and they're hoping that we don't know? I would appreciate any advice on what my boyfriend should do next.

Thankyou in advance

P.s. Sorry posted this too early before I'd finished writing! And it's his own car not a company car.

This post has been edited by acd: Fri, 10 Apr 2015 - 12:36
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post Fri, 10 Apr 2015 - 12:17
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morrisman
post Fri, 10 Apr 2015 - 12:23
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Sadly lacking in any detail such as the offence dates, when the documentation arrived, is the car his or a company car, etc.
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StuartBu
post Fri, 10 Apr 2015 - 12:33
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QUOTE (acd @ Fri, 10 Apr 2015 - 12:17) *
Hi, I was hoping for some advice!

My boyfriend got 2 tickets in the space of 2 days for going 36 and 38 in a 30mph area. The notices of prosecution arrived together on the same day


We need more info ..much more

Is he the registered keeper of the car . If not was it a hire car ,employers car ??

What happens is the initial paperwork is sent to the registered keeper and they need to return it naming the driver at the time of the offence ...Has this been done as failure to do so is serious .

Any reason why he can't post on here himself ?

EDIT: See edited original post with additional info .

This post has been edited by StuartBu: Fri, 10 Apr 2015 - 16:05
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acd
post Fri, 10 Apr 2015 - 12:38
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No reason it's just that he's at work and I was trying to do some research about it when I came across these forums, so thought there's no harm in asking myself.
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southpaw82
post Fri, 10 Apr 2015 - 13:26
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They have six months to prosecute. If it's gone beyond that then any offer can be ignored.

If the 30 limit was due to the presence of street lights not more than 200 yards apart any lack of signs is not a defence - so it would probably have been wise to have sought advice before declining any offers of a course or fixed penalty (though luck seems to have saved him here).


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peterguk
post Fri, 10 Apr 2015 - 13:37
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OP says received two NIPs.

Has received one FPN.

What about the other? Unlikely to have been dropped...


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acd
post Fri, 10 Apr 2015 - 14:15
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Just two clarify, he received an offer of fixed penalty for both offences back in December but didn't accept. Then heard nothing until a letter for the offense on 2nd October arrived yesterday dated 7th April offering a second chance to accept the fixed penalty offer. Is this normal? Presumably it is too late for them to prosecute for this offense, although as we have not heard anything for the second offense on 4th Oct it might not be too late if the police lodged papers with the Court before the 6 months were up. Is this correct? Thanks for all advice
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southpaw82
post Fri, 10 Apr 2015 - 14:50
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Offence...

An offence on 2 or 4 October will have timed out by now. If a conditional offer of a fixed penalty has been made the police are barred from bringing proceedings while the officer is live. They can't make an offer and start proceedings just in case you don't comply (not lawfully, anyway).



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Steve_999
post Fri, 10 Apr 2015 - 15:02
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QUOTE (southpaw82 @ Fri, 10 Apr 2015 - 14:50) *
Offence...

An offence on 2 or 4 October will have timed out by now. If a conditional offer of a fixed penalty has been made the police are barred from bringing proceedings while the officer is live. They can't make an offer and start proceedings just in case you don't comply (not lawfully, anyway).


Not sure whether the death of an officer would allow the police to bring proceedings! wink.gif
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southpaw82
post Fri, 10 Apr 2015 - 15:04
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It might concentrate minds if you had to execute an officer every time you wanted to bring proceedings!


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peterguk
post Fri, 10 Apr 2015 - 15:48
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So if 2 FPNs were sent out in December, and declined, then there could be two summonses about to arrive.


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southpaw82
post Fri, 10 Apr 2015 - 16:13
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IIRC, the police don't use summonses any more, they use postal charges and requisitions.


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Jlc
post Fri, 10 Apr 2015 - 17:49
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Being new to the area and not realising is not a defence.

If the signage was defective then there may be an angle. Has the signage changed now?


--------------------
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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