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What happens following traffic offence report
Dave8389
post Thu, 30 Nov 2017 - 22:45
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Hiya

Never been caught speeding before so feeling a little unsure what to do next. Been driving 15 years

Stopped by unmarked police car for doing 67 in a 40 and issued with a traffic offence report.
My head was spinning a little but I'm sure the officer told me I would hear within 14 days some more info.

TOR says my offence was speeding In a 40 but doesn't mention the speed I was doing.

It's been 5 weeks no and not heard anything.
Would this be normal and should I do anything

Thank you for any thoughts

This post has been edited by Dave8389: Thu, 30 Nov 2017 - 22:46
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post Thu, 30 Nov 2017 - 22:45
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cp8759
post Thu, 30 Nov 2017 - 22:48
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If the police warned you of a prosecution at the roadside, you've received a verbal notice of intended prosecution so the 14 day rule for postal NIPs is irrelevant. The police have six months from the date of the offence to charge you, so you may well have to wait a few more months to get a summons.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Dave8389
post Thu, 30 Nov 2017 - 22:52
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QUOTE (cp8759 @ Thu, 30 Nov 2017 - 22:48) *
If the police warned you of a prosecution at the roadside, you've received a verbal notice of intended prosecution so the 14 day rule for postal NIPs is irrelevant. The police have six months from the date of the offence to charge you, so you may well have to wait a few more months to get a summons.



Hi

Thank you for that. I don't recall been told that but I was cautioned.
Few months ahead worrying then it sound like
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Jlc
post Thu, 30 Nov 2017 - 22:57
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...and it will be a court visit as the excess is too much for fixed penalty.

It's band C - so 6 points or upto 56 day ban.

Fine around 150% of weekly relevant earnings (discounted by 33% for a guilty plea), costs of £85 and surcharge of 10% of the fine (min £30).

QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 22:52) *
I don't recall been told that but I was cautioned.

You don't need a caution. Simply what the offence was and that you would be prosecuted.

This post has been edited by Jlc: Thu, 30 Nov 2017 - 22:55


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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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Dave8389
post Thu, 30 Nov 2017 - 23:02
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QUOTE (Jlc @ Thu, 30 Nov 2017 - 22:57) *
...and it will be a court visit as the excess is too much for fixed penalty.

It's band C - so 6 points or upto 56 day ban.

Fine around 150% of weekly relevant earnings (discounted by 33% for a guilty plea), costs of £85 and surcharge of 10% of the fine (min £30).

QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 22:52) *
I don't recall been told that but I was cautioned.

You don't need a caution. Simply what the offence was and that you would be prosecuted.



Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C
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Jlc
post Thu, 30 Nov 2017 - 23:06
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Read Here.


--------------------
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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southpaw82
post Thu, 30 Nov 2017 - 23:06
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QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:02) *
Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C

Presumably he communicated to you that he'd stopped you for speeding and that a report would be made (the TOR). Are you saying that from those circumstances you didn't understand that you might be prosecuted for speeding?


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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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Dave8389
post Thu, 30 Nov 2017 - 23:11
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QUOTE (southpaw82 @ Thu, 30 Nov 2017 - 23:06) *
QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:02) *
Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C

Presumably he communicated to you that he'd stopped you for speeding and that a report would be made (the TOR). Are you saying that from those circumstances you didn't understand that you might be prosecuted for speeding?


I understand the point you are making. On that basis it's sounds obvious however the officer did tell me I would hear within 14 days which has passed hence me asking the question.

Thanks anyway for taking the time to reply

This post has been edited by Dave8389: Thu, 30 Nov 2017 - 23:19
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Logician
post Fri, 1 Dec 2017 - 01:44
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QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:11) *
QUOTE (southpaw82 @ Thu, 30 Nov 2017 - 23:06) *
QUOTE (Dave8389 @ Thu, 30 Nov 2017 - 23:02) *
Thanks for that. I'm almost certain he didn't tell me that however I understand the speed he told me I was doing puts my offence in band C
Presumably he communicated to you that he'd stopped you for speeding and that a report would be made (the TOR). Are you saying that from those circumstances you didn't understand that you might be prosecuted for speeding?
I understand the point you are making. On that basis it's sounds obvious however the officer did tell me I would hear within 14 days which has passed hence me asking the question. Thanks anyway for taking the time to reply


Some forces do send a NIP after a roadside warning, a belt and braces policy, but most do not and there is no legal requirement to do so. Courts stick closely to the guidelines laid down which were set out in an earlier post.



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