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6 month rule, Do I pay?
Marineboy7
post Wed, 13 Feb 2019 - 12:56
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Hello all, totally new here but glad I found you.

I have a conditional offer from a speeding offence last July, so well over 6 months ago.
Should I send contributions to Surrey Police Christmas party fund or ignore?

Normally I wouldn’t have minded if I’d been caught fair and square, but having used the M3 to commute to work for the last 5 years, to get caught when I’ve been so careful really hurts. I was in a company car and using active cruise just over the 70 limit and think the limit dropped to 60 as I went though. I was doing 35k a year so really hard to stay totally clean.

I’m up to 6 points and really could do without this otherwise my insurance company will have a melt down for my private car (Caterham 7)

Any advice very welcome.

Marineboy


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post Wed, 13 Feb 2019 - 12:56
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Jlc
post Wed, 13 Feb 2019 - 13:01
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It's not unusual for a CoFP to still be issued even when it's beyond the limitation period. (More in hope)

You can pay and accept the points if you wish. But I think you may want to consider ignoring their kind offer.

They had 6 months to commence a prosecution from the offence.


--------------------
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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BaggieBoy
post Wed, 13 Feb 2019 - 13:48
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QUOTE (Marineboy7 @ Wed, 13 Feb 2019 - 12:56) *
Should I send contributions to Surrey Police Christmas party fund or ignore?

Sorry to disappoint you but the police get nothing from fixed penalties. As JLC said, ignore is safe.
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mdann52
post Wed, 13 Feb 2019 - 17:53
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That letter is dated 23/1, so from my maths is just within the 6 months of the offence... So in theory they may still just be in time if they laid charges already (albet they had 3 days to do so so have probably run out of time in any case)


Also, you may want to retract your address better, it is still visible

This post has been edited by mdann52: Wed, 13 Feb 2019 - 17:56
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Jlc
post Wed, 13 Feb 2019 - 18:29
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QUOTE (mdann52 @ Wed, 13 Feb 2019 - 17:53) *
That letter is dated 23/1, so from my maths is just within the 6 months of the offence... So in theory they may still just be in time if they laid charges already (albet they had 3 days to do so so have probably run out of time in any case)

The letter gives 7 days - taking it past 6 months.

Could they start proceedings in anticipation? (Given a non-enforcement period appears to be in place)

Anyway, the ball is in their court but I expect to hear nothing...


--------------------
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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The Rookie
post Wed, 13 Feb 2019 - 18:29
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Indeed, it’s possible an information has been laid already although as they issued a reminder that wouldn’t have arrived in time for the OP to accept before that had to happen it’s perhaps unlikely they have done so.

Whether they have or not it’s too late for the OP to change that either way!


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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cp8759
post Wed, 13 Feb 2019 - 22:51
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QUOTE (Jlc @ Wed, 13 Feb 2019 - 18:29) *
QUOTE (mdann52 @ Wed, 13 Feb 2019 - 17:53) *
That letter is dated 23/1, so from my maths is just within the 6 months of the offence... So in theory they may still just be in time if they laid charges already (albet they had 3 days to do so so have probably run out of time in any case)

The letter gives 7 days - taking it past 6 months.

Could they start proceedings in anticipation? (Given a non-enforcement period appears to be in place)

IMO no they can't do that. It's been held that starting criminal proceedings before the prosecutor has formed a definitive view of whether he will prosecute or not is an abuse of process.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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