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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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Good morning. I was pulled over for speeding on 25/05/2013.

Customer Question

Good morning.

I was pulled over for speeding on 25/05/2013. The car was not registered in my name but i was confirmed on the scene as being a named driver.
I then received a conditional offer of fixed penalty on 20/06/2013. However it was dated 13/06/2013.
As the dated letter is well over the 14 days specified in the rule, can i contest? Also is this letter the same as an NIP?

Many thanks

Nigel
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What speed were you doing?
Customer: replied 3 years ago.

Hi


 


91 mph


 


I was stopped by the police who said i would be hearing from the penalty office.


 


My understanding was the NIP should of been issues within 14 days of offense. Is the conditional offer of fixed penalty letter the same as an NIP?


 


Many thanks


 


Nigel Wilkinson


07884 252188

Expert:  Jo C. replied 3 years ago.
Sorry I see what you are asking.

No, its not. Unfortunately the 14 day rule doesn't apply and anyway the date is wrong.

The NIP must be either delivered at scene or despatched within 14 days. In this case you were given a NIP verbally at scene they are almost certainly saying so it falls away.

The fixed penalty is just an offer to deal with the matter in this way which actually need not be done within any particular time limit.

In this case though, the date is wrong so even if the NIP were out of time on the face of it they could just amend it.

I am sorry and its always worth trying these things but thats your position.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I see. So the NIP was issued verbally at the scene. And 14 rule does not apply to conditional offer.


 


Oh well. £60 and 3 points it is then :(


 


Thanks anyway


 


Nigel

Expert:  Jo C. replied 3 years ago.
Unfortunately not.

Always worth checking for that type of thing though!

All the best

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